NATIONAL LABOR RELATIONS BOARD

v.

EXPRESS PUBLISHING CO.

Citator

Cited By (17 total)

• Ribhi Othman and Yusif H. Mashni v. Globe Indem. Co., 759 F.2d 1458 (9th Cir. 1985)
  …laim, relying on Molnar and Fifty Associates v. Prudential Insurance Co. of America, 446 F. 2d 1187, 1191 (9th Cir.1970) (ambiguity about Does destroys jurisdiction). . In Southern Pacific Co. v. Haight, 126 F. 2d 900, 904 (9th Cir.), cert. denied, 317 U.S. 676, 63 S.Ct. 154, 87 L.Ed. 542 (1942), a suit naming fictitious defendants was begun in state court and removed on the day of trial. We upheld jurisdiction, based on the rationale that the Does had been constructively severed from the action before it…
• Takeda v. Nw. Nat'l Life Ins. Co., 765 F.2d 815 (9th Cir. 1985)
  …proper at the outset, federal jurisdiction is not defeated by later changes or developments in the suit. Lopez v. General Motors Corp., 697 F. 2d 1328, 1332 (9th Cir.1983); Southern Pacific Co. v. Haight, 126 F. 2d 900, 903 (9th Cir.), cert. denied, 317 U.S. 676, 63 S.Ct. 154, 87 L.Ed. 542 (1942). But we have recognized an exception to this rule when an indispensable party would destroy diversity. See Othman v. Globe Indemnity Co., 459 F. 2d 1458,1465; Lopez v. General Motors Corp., 697 F. 2d at 1332; Deser…
• Preaseau v. The Prudential Ins. Co. OF Am., 591 F.2d 74 (9th Cir. 1979)
  …iversity until after the dismissal of the Doe defendants because of the possibility that one or more of the Doe defendants would destroy the required diversity. Our decision in Southern Pacific Co. v. Haight, 126 F. 2d 900 (9th Cir.), cert. denied, 317 U.S. 676, 63 S.Ct. 154, 87 L.Ed. 542 (1942), compels the conclusion that Prudential’s petition was timely. There a California citizen filed suit in California state court against Southern Pacific, a Kentucky corporation, and two fictitiously-named employees…