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Ohio v. BASF Wyandotte Corp.

Citation: 2 ELR 20338
No. No. C 72-350, (N.D. Ohio, 06/13/1972)

In action against three chemical manufacturers to abate mercury pollution of Lake Erie and its tributaries, plaintiff's motion for remand from federal district court to state court granted since removal of the action was improper under 28 U.S.C. § 1441 (a). There was no basis for original federal district court jurisdiction on diversity grounds since a state is not a citizen for purposes of diversity jurisdiction; nor is there a basis in federal question, since purely state or non-federal actions for pollution abatement are still available and do not arise under the laws of the United States. Furthermore, one defendant did not join in removal and no exception exists here to the general rule that all defendants who may properly join in the removal petition must join.

Counsel for Plaintiff
William J. Brown Attorney General
C. Raymond Marvin
James A. Laurenson Assistant Attorneys General
State House Annex
Columbus, Ohio 43215

Counsel for BASF Wyandotte
Smith Warder
1144 Union Commerce Building
Cleveland, Ohio 44115

John M. Moelmann & Thomas J. Weithers
One N. LaSalle Street
Chicago, Illinois 60602

Milton F. Mallender & J. Donald McLeod
1022 Ford Building
Detroit, Michigan 48226

Counsel for Dow Chemical of Canada, LTD. and The Dow Chemical Company
Harley J. McNeal
McNeal, Schick, Archibald & Carlson
520 Williamson Building
Cleveland, Ohio 44114