BERENS v. BYRAM


26 F.2d 953 (1927)

BERENS v. BYRAM et al.

District Court, D. South Dakota.

May 27, 1927.


Attorney(s) appearing for the Case

E. E. Wagner, of Mitchell, S. D., for plaintiff.

Hepperle & Fuller, of Aberdeen, S. D., for defendants.


ELLIOTT, District Judge.

I have considered the issues presented upon plaintiff's motion to remand this cause from the United States District Court, District of South Dakota, to which it was removed by defendants from the state circuit court. The real contention of the plaintiff is that the suit is under the Federal Employers' Liability Act (45 USCA §§ 51-59; Comp. St. §§ 8657-8665), which contains an express provision prohibiting removal.

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