BEST FOODS INC. v. MITSUBISHI SHOJI KAISHA LIMITED


39 F.2d 620 (1928)

BEST FOODS, Inc., v. MITSUBISHI SHOJI KAISHA, Limited, et al.

District Court, S. D. New York.

September 21, 1928.


Attorney(s) appearing for the Case

Rounds, Dillingham, Mead & Neagle, of New York City (George M. Wolfson, of New York City, of counsel), for plaintiff.

White & Case, of New York City (Chester Bordeau, of New York City, of counsel), for defendant Great Northern Ry. Co.

Howard C. Kelly, of New York City, for defendant Mitsubishi Shoji Kaisha.

Charles Franklin and C. L. Minor, both of New York City, for defendant Southern Pac. Co.


THACHER, District Judge.

In granting the original motion to remand, Judge Goddard held that the original complaint alleged a single cause of action based upon allegations that the loss sustained was due to the fault of one of the defendants or to one or more of them acting in concert, or was due to their concurrent negligence. There being no separable controversy, he granted the motion to remand because the defendant Mitsubishi Shoji Kaisha had not joined in the petition...

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