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MEYER BROS. DRUG CO. v. DOLLAR S. S. LINE

No. 4129.

44 F.2d 57 (1930)

MEYER BROS. DRUG CO. v. DOLLAR S. S. LINE et al.

District Court, E. D. New York.

October 6, 1930.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City, for plaintiff.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City, for defendant.

GALSTON, District Judge.

There are two questions presented. The first is whether, on a motion to remand, this court in its consideration is confined to the allegations of the complaint; and, secondly, whether there has been such waiver by the plaintiff as to defeat its present motion.

In disposing of the first question, it is sufficient to cite Salem Trust Co. v. Manufacturers' Finance Company, 264 U.S. 182, 44 S.Ct. 266, 267...

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