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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) executed a promissory note to McCurtain County Production Corp. (McCurtain) for $15,215.59. The note was secured by the Cowetts’ share in 130 acres of soybeans and a John Deere combine. The Cowetts defaulted on the note, and the soybeans were sold to Clarksville Grain and Elevation Co., Inc. (Clarksville) (defendant). For the Cowetts’ share of the soybeans, Clarksville paid them $7,298.84, which the Cowetts then turned over to (1) Willie John Blair d/b/a B&B Automotive Company (Blair) (defendant), in the amount of $4,393.90, and (2) John Deere Company (John Deere) (defendant), in the amount of $2,903.94. McCurtain sued the defendants in an Oklahoma state court, asserting various and alternative claims of (1) $15,215.59 from the Cowetts, (2) $7,298.84 from Clarksville, (3) $4,393.90 from Blair, and (4) $2,903.94 from John Deere. After the defendants were served, John Deere removed the matter to federal court without obtaining the other defendants’ consent. John Deere contended that the other defendants did not wish to join the removal petition, lest doing so be viewed as consent to jurisdiction in the state court. McCurtain moved to remand the case.

Rule of Law


Holding and Reasoning (Daugherty, J.)

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