KAIB v. PENNZOIL CO.

Civ. A. No. 81-2311.

545 F.Supp. 1267 (1982)

Richard A. KAIB, Plaintiff, v. PENNZOIL COMPANY, a corporation, Defendant, v. P. L. TOY; Silver Fox Oil Company, a corporation; and National Fuel Gas Corporation, a corporation, Added Defendants.

United States District Court, W. D. Pennsylvania.

August 31, 1982.


Attorney(s) appearing for the Case

John E. Evans, Jr., Pittsburgh, Pa., for plaintiff.

Louis Emanuel, Joseph S. D. Christof, II, Pittsburgh, Pa., Norman H. Stark, Erie, Pa., for defendants.


OPINION

ZIEGLER, District Judge.

Presently before the court is the question of whether a diversity action timely removed should be remanded to state court because the defendant has denied liability and averred that, if plaintiff is entitled to judgment, recovery must be had against non-diverse tortfeasors. We hold that a diversity action properly removed to a federal forum pursuant to 28 U.S.C. § 1441(a) can not be remanded to a state court pursuant...

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