Staples v. O'Day Corp.

2 Citing cases

  1. Union Planters National Bank v. CBS, Inc.

    557 F.2d 84 (6th Cir. 1977)   Cited 61 times
    Finding that the plaintiff did not assert an independent cause of action solely by seeking rescission of the agreement at issue

    Multiple theories of recovery do not necessarily mean multiple causes of action where there is but one wrong. Clarence E. Morris, Inc. v. Vitek, 412 F.2d 1174, 1176 (9th Cir. 1969); Staples v. O'Day Corp., 224 F. Supp. 576 (D.N.H. 1963); Guess v. Kellogg Switchboard Supply Co., 143 F. Supp. 807 (D.Cal. 1956). See Sessions v. Chrysler Corp., 517 F.2d 759, 761 (9th Cir. 1975).

  2. McKinney v. Rodney C. Hunt Co.

    464 F. Supp. 59 (W.D.N.C. 1978)   Cited 21 times
    Stating that fraudulently joined defendants are not required to join in petitions for removal

    As noted in the second case cited by Allen Bradley Company § 1441(c) is more restrictive than prior statutes. Staples v. O'Day Corporation, 224 F. Supp. 576 (D.N.H. 1963). See also 1A Moore's Federal Practice, ¶ 0.163[4.