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BRASHEAR v. LOUISVILLE & N. R. CO.

32 F.2d 373 (1929)

BRASHEAR et al. v. LOUISVILLE & N. R. CO. COMBS v. SAME.

District Court, E. D. Kentucky.

February 6, 1929.

Attorney(s) appearing for the Case

Wootton, Reeves & Wooton, of Hazard, Ky., for plaintiffs.

Ashby M. Warren, of Louisville, Ky. (Morgan & Eversole, of Hazard, Ky., and C. S. Landrum, of Lexington, Ky., of counsel), for defendant.

COCHRAN, District Judge.

These actions are before me on plaintiffs' motions to remand and on defendants' special demurrer to the jurisdiction and general demurrer.

The ground of the motions to remand as to both actions is that no petition for removal was filed to the original petition. This position is not sound. No petition for removal could then have been filed. There was no diversity of citizenship, and the actions did not arise under the Constitution and...

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