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eBook details

• Title: Thomas L. Self v. General Motors Corp.
• Author : Ninth Circuit United States Court of Appeals
• Release Date : January 30, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This case comes before us on interlocutory appeal from the district court's denial of a motion to remand the case to state court. We reverse. Appellant Christine Smith, a citizen of California, was one of several plaintiffs1 who sued General Motors Corporation (GM), a citizen of Michigan and Delaware, and Vern Prior, a citizen of California, in California Superior Court for injuries sustained in an auto accident. Before trial, Smith signed a covenant not to execute judgment against Prior. Upon learning of the covenant, GM attempted to remove the case to federal district court, alleging that Prior was no longer a real party in interest and that his joinder was fraudulent. The district judge found that joinder was not fraudulent and that, in spite of the covenant, Prior was still a party to the suit, and remanded the case to the state court because of the continuing lack of complete diversity.2

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