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1 ployer and employee or liability insurer and insured. The 2 district court may in its discretion remand all matters that 3 considered separately, would not be within its jurisdiction. 4 Upon request made within twenty days after any such 5 order by the party or parties who removed the action, all 6 remaining matters shall also be remanded.

7

"(c) A counterclaim asserted in a State court shall be 8 deemed an action for the purposes of this section and may 9 be removed by a plaintiff in the State court action if as a 10 defendant he would have been able to remove under sub11 section (a) or (b) of this section. A third party impleaded 12 on such a counterclaim may remove if he would have been 13 able to remove if impleaded as a third party defendant 14 under subsection (b) of this section. If the counterclaim 15 arises out of the same transaction or occurrence as the 16 plaintiff's claim in the State court, the entire action shall 17 be removed; otherwise, the counterclaim shall be severed 18 and separately removed.

19

20

225

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"(d) If a party would be barred from removing an action in a State court under this section solely because

the amount claimed against him in the State court action

is insufficient to satisfy jurisdictional requirements, he may 23 remove the action for the purpose of asserting in the dis24 trict court a claim that he has against another party aris25 ing out of the same transaction or occurrence as the claim

10

1 against him and in which the matter in controversy exceeds 2 the sum or value of $25,000, exclusive of interest and costs.

3 A statement of the proposed claim shall be included in any 4 petition for removal under this subsection.

5

6

7

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1305. Change of venue on motion of defendant in actions under general diversity of citizenship jurisdiction; stay

"(a) For the convenience of parties and witnesses or 9 otherwise in the interest of justice, a district court in an 10 action wherein jurisdiction is founded only on diversity of 11 citizenship under section 1301 of this title may on motion 12 of any defendant transfer the action to any other district. 13 The exercise of discretion by the district court on such a 14 motion is not reviewable on appeal or otherwise.

15

16

17

"(b) (1) Notwithstanding the provisions of subsection (a) of this section, an action shall not be transferred to any

district in which both one or more plaintiffs and all moving 18 defendants would be barred under section 1302 of this title 19 from invoking Federal jurisdiction, and if the court finds 20 that there is no other place in which trial would be appro21 priate, it shall stay the proceedings if it can do so on such terms as will assure the plaintiffs an opportunity to main23 tain suit upon the claim in an appropriate State court. Any

22

24 such stay may be conditioned on amenability of all defend

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1 ants, by consent or otherwise, to jurisdiction over the per

2

son in an appropriate court of a designated State, on waiver

3 of any applicable statute of limitations if the stayed action

4 was timely brought, and on such other terms as the court 5 may deem proper.

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"(2) An attachment, garnishment, or like remedy, ob7 tained in the stayed action for the purpose of securing satis8 faction of the judgment ultimately to be entered, shall be 9 preserved and made available to the plaintiff in aid of execu10 tion of any judgment on the claim in a State court. Any 11 such attachment, garnishment, or like remedy shall be dis12 solved upon a showing that no other action on the claim 13 has been brought in a State court within a period of six 14 months after the stay of proceedings in the district court. 15 "(3) Except as provided in section 1292 (c) of this 16 title, the decision of a district court staying proceedings or 17 refusing to dissolve a stay under this section shall not be 18 reviewable on appeal or otherwise.

19 "(c) To the extent that the court ordering the transfer 20 would have been obliged to apply the law of a particular 21 State, including rules with respect to refusal to adjudicate 22 the merits of the controversy and rules for selecting the 23 applicable rules of decision, the court to which the action 24 is transferred shall apply the law of that State.

12

1 § 1306. Change of venue on motion of plaintiff in actions

2

3

4

under general diversity of citizenship jurisdic

tion; dismissal or transfer for improper venue

"(a) If the venue of an action wherein jurisdiction is 5 founded only on diversity of citizenship under section 1301 6 of this title is properly laid, the court on motion of all plain7 tiffs may, for the convenience of parties and witnesses or 8 otherwise in the interest of justice, transfer the action to any 9 district in which the venue would be proper for an orig10 inal action and the defendants amendable to process, other 11 than a district in which one or more plaintiffs could not 12 invoke that jurisdiction by reason of section 1302 of this 13 title. The exercise of discretion by the district court on such 14 a motion is not reviewable on appeal or otherwise.

15

18

"(b) If the venue of an original action wherein jurisdic16 tion is founded only on diversity of citizenship under section 17 1301 of this title is laid in the wrong district, the court shall on motion transfer the action to any district in which the venue would be proper and the defendants amenable to proc20 ess, other than a district in which one or more plaintiffs could 21 not invoke that jurisdiction by reason of section 1302 of this 22 title, or, if it be in the interest of justice, dismiss the action. The exercise of discretion by the district court on such a mo24 tion is not reviewable on appeal or otherwise.

23

25

"(c) To the extent that a district court is obliged to

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1 apply the law of a particular State, including rules with 2 respect to refusal to adjudicate the merits of a controversy 3 and rules for selecting the applicable rule of decision, the 4 court to which an action is transferred under this section 5 shall apply the same law that it would have applied had the 6 action been commenced in that court.

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"(d) In transferring any action under this section, the 8 court may make such order for the payment of costs, includ9 ing reasonable attorney's fees, as it deems proper to com10 pensate defendants for any expenses attributable to the failure to commence the action in the court to which it is being

11

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transferred, and may also stay the transfer pending compli13 ance with the order.

14 "§ 1307. Parties joined or made with a purpose of invoking

15

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or defeating Federal jurisdiction

"(a) A district court shall not have jurisdiction of a 17 civil action in which any party has been made or joined 18 improperly, or collusively, or pursuant to agreement or un19 derstanding between opposing parties, in order to invoke the 20 jurisdiction of such court.

21

"(b) Whenever an object of a sale, assignment, or other 22 transfer of the whole or any part of any interest in a claim 23 or other property has been to enable or to prevent the in24 voking of Federal jurisdiction under this chapter or chapter