McCurtain County Production Corp. v. Cowett
United States District Court for the Eastern District of Oklahoma
482 F. Supp. 809 (1978)
R.B. and Shelba Cowett (defendants) defaulted on a promissory note to McCurtain County Production Corp. (McCurtain) secured by soybeans and farm equipment; after the soybeans were sold to Clarksville Grain, the Cowetts distributed the proceeds to two other creditors, Blair and John Deere. McCurtain sued the Cowetts, Clarksville, Blair, and John Deere in Oklahoma state court on separate, alternative claims for different dollar amounts. After being served, John Deere removed the case to federal court without the other defendants' consent, arguing they preferred not to join the removal to avoid appearing to consent to state-court jurisdiction. McCurtain moved to remand.
Whether a case removed to federal court on the basis of diversity must be remanded if all necessary defendants do not consent to removal or the amount-in-controversy requirement is not satisfied.