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STEPHENS v. SOUTHERN PAC. CO.

No. 359.

16 F.2d 288 (1926)

STEPHENS v. SOUTHERN PAC. CO. et al.

District Court, N. D. California, N. D.

October 20, 1926.

Attorney(s) appearing for the Case

Martin I. Welsh, of Sacramento, Cal., for plaintiff.

Devlin & Devlin and William H. Devlin, all of Sacramento, Cal., for defendant Southern Pac. Co.

KERRIGAN, District Judge.

Plaintiff herein seeks to hold the Southern Pacific Company, a nonresident corporation, and one of its resident employees, for an act of negligence alleged to have been committed by the latter. The case has been removed to this court on the theory that a separable cause of action is stated against the corporation, and at the present time is before me on motion to remand; the plaintiff's contention being that the negligence charged is joint...

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