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AMTECO, INC. v. BWAY CORP.

No. 4.02CV1613 CDP.

241 F.Supp.2d 1028 (2003)

AMTECO, INC., Plaintiff, v. BWAY CORPORATION, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 28, 2003.

Attorney(s) appearing for the Case

Dean L. Franklin, Gregory E. Upchurch, Thompson Coburn, St. Louis, MO, for plaintiff. James P. Lemonds, Erich V. Vieth, James C. Morris, Holtkamp and Liese, St. Louis, MO, for BWAY Corp., BWAY Mfg., Inc., defendants.

William M. Corrigan, Jr., Armstrong Teasdale, LLP, St. Louis, MO, for C.L. Smith Co., defendant.

MEMORANDUM AND ORDER

PERRY, District Judge.

Removal jurisdiction requires all defendants to join in the removal petition or consent to removal within thirty days of service. Corporations must be represented by counsel in federal court, and cannot appear through non-lawyer agents. Is removal proper where a corporate defendant's president provides oral consent to the removing co-defendant's lawyer, but the corporation does not provide any form of consent...

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