EX PARTE: IN THE MATTER OF GEORGE O. KITZEROW, PETITIONER

Citator

Cited By

• Brough v. United Steelworkers OF Am., AFL-CIO, 437 F.2d 748 (1st Cir. 1971)
  …. This is so not only where the ground for the motion is lack of subject matter jurisdiction, which cannot be waived, but also where the ground is only a modal defect. Guaranty Trust Co. of New York, v. McCabe, 2 Cir., 1918, 250 F. 699, cert. denied 247 U.S. 505, 38 S.Ct. 427, 62 L.Ed. 1240; see Ex parte Roe, 1914, 234 U.S. 70, 34 S.Ct. 722, 58 L.Ed. 1217; cf. Thomas v. Great Northern Ry., 9 Cir., 1906, 147 F. 83, 86-87. Plaintiff did not proceed simply on the basis of his original theory of recovery, howev…
• Gonsalves v. Amoco Shipping Co., 733 F.2d 1020 (2d Cir. 1984)
  …d bar plaintiff's objection to removal. Plaintiff properly sought a remand in the District Court and thereby preserved his objection for appeal, even though he proceeded to trial. See Guaranty Trust Co. v. McCabe, 250 F. 699 (2d Clr.), cert. denied, 247 U.S. 505, 38 S.Ct. 427, 62 L.Ed. 1240 (1918); 1A Moore's Federal Practice ¶ 0.157[11.-6] at 185 (1983). Though the District Court would have had original subject matter jurisdiction over all of plaintiff's claims had plaintiff filed his suit in the federal…