ATLANTIC COAST LINE RAILROAD CO.
v.
MOSS

U.S. | 1947-03-17
No. 992
330 U.S. 839 Supreme Court of the United States (1947) Positive Treatment
Cited by 1 case
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  • Lambert v. Kysar, 983 F.2d 1110 (1st Cir. 1993)
    …ty cases, "[the] removal must be ‘into the district where such suit is pending’ [; n]o choice is possible and for that reason nothing in respect to venue can be waived.” Moss v. Atlantic Coast Line R. Co., 157 F. 2d 1005 (2d Cir.1946), cert. denied, 330 U.S. 839, 67 S.Ct. 980, 91 L.Ed. 1286 (1947) (emphasis added). This analysis is not altered by the Kysars’ assertion, in their removal petition, that venue in Massachusetts federal district court was proper under 28 U.S.C. § 1391. Even if their assertion co…

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