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FORD MOTOR CREDIT CO. v. AARON-LINCOLN MERCURY

No. 82 C 5350.

563 F.Supp. 1108 (1983)

FORD MOTOR CREDIT COMPANY, INC., a Delaware corporation, Plaintiff, v. AARON-LINCOLN MERCURY, INC., an Illinois corporation, Elliott Dulberger and Arthur Nelson, Defendants, Counter-Plaintiffs and Third Party Plaintiffs, v. FORD MOTOR COMPANY, a Delaware corporation, Third Party Defendant.

United States District Court, N.D. Illinois, E.D.

April 29, 1983.

Attorney(s) appearing for the Case

Alfred Y. Kirkland, Jr., Brady, McQueen, Martin, Collins & Jenson, Elgin, Ill., for plaintiff.

Arnold I. Kramer, Chicago, Ill., for defendants counter-plaintiffs and third party plaintiffs.

Thomas B. McNeill, Michael R. Feagley, John T. Hundley, Mayer, Brown & Platt, Chicago, Ill., for third party defendant.

MEMORANDUM OPINION

PRENTICE H. MARSHALL, District Judge.

In this case we must decide an important question of federal jurisdiction — whether a third party defendant may remove an action filed in state court to this court when the original action is not removable.

On June 25, 1981, plaintiff Ford Motor Credit Corp. ("FMC") filed a complaint against defendants-third party plaintiffs Aaron-Lincoln Mercury, Inc. ("Aaron-Lincoln"), Elliott Dulberger...

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