Federal Practice – Venue – Applicability of General Venue Satute to Defendant Brought Into a Case After Removal from the State Court

Plaintiffs, citizens of Missouri, originally brought suit in an Alabama state court against D1, a citizen of Virginia, and D2, a citizen of Minnesota, to recover for injuries sustained in an automobile accident which occurred in Alabama. After defendants had removed to the federal district court, plaintiffs amended their complaint to include D3, a citizen of Florida, service of process having been made in accordance with the Alabama nonresident motorist statute. By special appearance, D3 moved for dismissal because of improper venue. Held, motion granted and cause dismissed as to D3. While the original action was removed from the state court, the action against D3 was commenced in the federal court and is subject to the general venue provisions which apply to diversity of citizenship cases and which require that all plaintiffs or’ all defendants reside within the judicial district. Craft v. Murphy, (M.D. Ala. 1957) 156 F. Supp. 486.