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CHASE v. NORTH AMERICAN SYSTEMS, INC.

Civ. A. No. 81-176 ERIE.

523 F.Supp. 378 (1981)

Donald E. CHASE and Ruby S. Chase, his wife, Plaintiffs, v. NORTH AMERICAN SYSTEMS, INC., a corporation t/d/b/a Mr. Coffee, Original Defendant, v. RIVAL MANUFACTURING COMPANY, Additional Defendant.

United States District Court, W. D. Pennsylvania.

September 30, 1981.

Attorney(s) appearing for the Case

Richard G. Lewis, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., William F. Morgan, Warren, Pa., for plaintiffs.

John M. Wolford, MacDonald, Illig, Jones & Britton, Erie, Pa., for Rival.

Murovich, Reale & Fossee, Pittsburgh, Pa., for North American Systems.

OPINION

WEBER, Chief Judge.

This diversity case presents a number of interesting questions regarding the scope of federal removal jurisdiction under 28 U.S.C. § 1441(c). In this case the resolution of these questions is complicated by several unique features of Pennsylvania state practice that have no counterpart in the federal system.

This action was originally brought in the Court of Common Pleas of Warren County, Pennsylvania. The plaintiffs...

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