FEDERAL COURTS-REMOVAL JURISDICTION-COUNTERCLAIM AS THE SOLE BASIS FOR REMOVAL

Plaintiff brought an action for damages in a state court Defendant filed pleas to the declaration, and also filed a counterclaim arising out of the same cause of action. On this date defendant also filed a motion with the Federal District Court asking removal of the case based solely upon his counterclaim. On plaintiff's motion, held, case remanded to the state court. Defendant has no right under the United States Judicial Code to have a case removed from the state court to the federal court when his motion is based upon his own counterclaim.

Collins v. Faucett, (D.C. Fla. 1949) 87 F. Supp. 254.