FIREMEN'S INS. CO. OF NEWARK, N. J. v. ROBBINS COAL CO.

No. 18532.

288 F.2d 349 (1961)

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant, v. ROBBINS COAL COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1961.


Attorney(s) appearing for the Case

Joseph S. Mead, Emmett R. Cox, Birmingham, Ala., for appellant.

John S. Foster, Birmingham, Ala., for appellee.

Before TUTTLE, Chief Judge, and CAMERON and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

At the threshold of this case we are met by a motion by the appellant to permit it to amend its petition for removal from the state court in order adequately to allege grounds of diversity jurisdiction. The difficulty arose because of the 1958 amendment to the removal statute, 28 U.S.C.A. § 1332(c), which now defines corporate citizenship to include any state in which a corporate party has its principal...

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