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ESTATE OF KRASNOW v. TEXACO, INC.

Civ. A. No. 91-1173-A.

773 F.Supp. 806 (1991)

ESTATE OF Shelley KRASNOW, Plaintiff, v. TEXACO, INC., t/a Star Enterprise, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 1, 1991.

Attorney(s) appearing for the Case

Mark P. Friedlander, Jr., Arlington, Va., for plaintiff.

Richard E. Wallace, Jr., David B. Graham, Kaye, Scholer, Fierman, Hays & Handler, Washington, D.C., and John A.C. Keith, Blankingship & Keith, Fairfax, Va., for defendant t/a Star Enterprise.

Benjamin J. Trichilo, Lewis, Trichilo & Bancroft, P.C., Fairfax, Va., for defendant Amoco Oil Co.

John E. Griffith, Benjamin S. Boyd, Piper & Marbury, Baltimore, Md., for defendant Chevron U.S.A., Inc.

Robert F. McDermott, Jr., Brad A. DeVore, Jones, Day, Reavis & Pogue, Washington, D.C., for defendant CITGO Petroleum Corp.

MEMORANDUM OPINION

CACHERIS, District Judge.

Plaintiff's motion to remand this case to the Fairfax Circuit Court from which it was removed raises a somewhat murky jurisdictional issue, namely whether a state court decision on a demurrer deprives a federal court of removal jurisdiction. After careful consideration of the issue presented and the arguments on both sides, the court is of the opinion that Plaintiff's motion to remand should be granted.

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