BON v. MIDWEST REFINING CO.

No. 1865.

30 F.2d 410 (1929)

BON et al. v. MIDWEST REFINING CO.

District Court, D. Wyoming.

January 23, 1929.


Attorney(s) appearing for the Case

John T. Bottom, of Denver, Colo., and R. S. Mentzer and W. L. Walls, both of Cheyenne, Wyo., for plaintiffs.

A. C. Campbell, John W. Lacey, and Herbert V. Lacey, all of Cheyenne, Wyo., A. K. Barnes, of Denver, Colo., and Wilfred O'Leary, of Cheyenne, Wyo., for defendant.


KENNEDY, District Judge.

The above-entitled cause is before the court upon motion to remand. The grounds of the motion are, in substance, that the petition for removal was not filed in time, and that there was no authority on the part of the court commissioner of the state court to issue the order of removal. Upon the argument the latter ground was virtually abandoned, as well it might have been, for the reason that a removal is accomplished by filing a proper proceeding...

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