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MIGNOGNA v. SAIR AVIATION, INC.

No. 87-CV-1281.

679 F.Supp. 184 (1988)

James MIGNOGNA, Plaintiff, v. SAIR AVIATION, INC., Exxon Corporation, Mooney Aircraft Corporation, Hancock Field Aero Club, and General William D. Stewart, Defendants. MOONEY AIRCRAFT CORPORATION, Third-Party Plaintiff, v. UNITED STATES of America, Shaw Aero Devices, Inc., and Kingston Flying Club, Third-Party Defendants.

United States District Court, N.D. New York.

February 9, 1988.

Attorney(s) appearing for the Case

F. Lee Bailey and Aaron Broder, New York City (G. Michael Simmon and Michael C. Zwal, of counsel), for plaintiff.

Greene, Hershdorfer & Sharpe, Syracuse, N.Y. (Hilbert I. Greene, of counsel), for defendant Sair Aviation, Inc.

Hiscock & Barclay, Syracuse, N.Y. (Robert A. Barrer, of counsel), and McBreen & McBreen, Chicago, Ill., for defendant and third-party plaintiff Mooney Aircraft.

MacKenzie Smith Lewis Michell & Hughes, Syracuse, N.Y. (Jay W. Wason, Jr., of counsel), for defendant Stewart.

Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C. (Daniel Reich, of counsel).

Hon. Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Syracuse, N.Y. (William H. Pease, Asst. U.S. Atty., of counsel).

John M. Downing & Associates, P.C., New York City (John M. Downing, of counsel), for third-party defendant Shaw Aero Devices, Inc.

Sands, Gay & Kemp, Kingston, Ontario, Canada (Wayne C. Gay, of counsel), for third-party defendant Kingston Flying Club.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This action raises a number of interesting and difficult questions regarding Congress' recent abrogation of the long-established derivative jurisdiction doctrine when subsection (e) was added to the general removal statute, 28 U.S.C. § 1441. Unfortunately, because this case was improvidently removed, this court lacks the jurisdiction to entertain these questions at this time.1

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