Opinion

Garrison v. Atlantic Life Ins.

  • 18 F. Supp. 469
  • 1937 U.S. Dist. LEXIS 2116
Court
District Court, E.D. South Carolina
Filed
Mar 4, 1937
Status
Published
Author
Myers
On the bench
Myers
Cited by
4 cases
Authority
More cited than 79.1%

The opinion

MYERS, District Judge.

These cases were remanded to the state court under an order filed June 17, 1936.

Thereafter defendants’ counsel filed petition for rehearing and to have vacated the order of June 17, 1936, as in conflict with the ruling of this court in Enzor v. Jefferson Standard Life Insurance Co., 14 F.Supp. 677 . After hearing, the court is satisfied (1) that the order of remand was properly granted; (2) that upon the filing of the order of remand, the effect of denial of jurisdiction, so expressed, was to return the whole case to the state court in which it originated, and that no further proceedings of any character in connection therewith were entertainable in this court. See Marchant v. Mead-Morrison Mfg. Co. (C.C.A.) 11 F.(2d) 368 ; Ausbrooks v. Western Union Tel. Co. (D.C.) 282 F. 733 .

The court being without jurisdiction to act upon the petition for rehearing and motion to vacate the order of remand, this opinion is entered merely for the purpose of completing the record as equivalent to refusal and dismissal of the petition as filed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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