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ABLE v. UPJOHN CO., INC.

No. 86-2674.

829 F.2d 1330 (1987)

Cecelia Seeby ABLE; Daniel Albert Able; John David Able, a minor under age of fourteen (14) years, by his guardian ad litem, Gloria E. Day, Plaintiff-Appellant, v. The UPJOHN COMPANY, INC., Defendant-Appellee, and James H. Blair, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

James B. Richardson, Jr. (Richardson & Smith, H. Ray Ham, Columbia, S.C., Samuel L. Svalina, Dowling, Sanders, Dukes, Svalina, Ruth & Williams, Beaufort, S.C., on brief), for plaintiff-appellant.

H. Simmons Tate, Jr. (Elizabeth A. Carpentier, Clarke W. DuBose, Sinkler & Boyd, Columbia, S.C., on brief), for defendant-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

John David Able appeals from the entry of summary judgment against him in his suit against The Upjohn Company, Inc. Able argues that the district court lacked subject matter jurisdiction because the removal of his case to federal court was improper under 28 U.S.C. § 1441(c). Although we find merit in Able's claim that removal was improper under § 1441(c), we nonetheless affirm the judgment. The posture of the case at the time of...

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