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JAMISON v. SCHNEIDER

Civ. A. No. 82-6028.

561 F.Supp. 1087 (1983)

B.B. JAMISON, Mary Jamison and Gary Jamison, Plaintiffs, v. E.J. SCHNEIDER, and Boyd Schneider, individually and d/b/a Schneider & Schneider, Defendants and Third-Party Plaintiffs, v. DAYCO CORPORATION, Third-Party Defendant.

United States District Court, D. Kansas.

April 13, 1983.

Attorney(s) appearing for the Case

Dale L. Pohl, Forbes & Pohl, Eureka, Kan., and Harker E. Russell, Beilman & Russell, Wichita, Kan., for plaintiffs.

Gerald M. Kraai, F. Philip Kirwan, Margolin & Kirwan, Kansas City, Mo., and Edward F. Arn, Arn, Mullins, Unruh, Kuhn & Wilson, Wichita, Kan., for third-party defendant.

Randy Troutt, Wichita, Kan., for defendants and third-party plaintiffs.

MEMORANDUM AND ORDER OF REMAND

THEIS, District Judge.

This case presents the interesting question, apparently unsettled in this circuit, of whether a third-party defendant can effect the removal of an entire case from a state to a federal court, when the original plaintiff and the third-party plaintiff are citizens of the same state, when no federal question is involved, and when the third-party plaintiff and...

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