BREYMANN v. PENNSYLVANIA, O. & D. R. CO.

No. 5315.

38 F.2d 209 (1930)

BREYMANN et al. v. PENNSYLVANIA, O. & D. R. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

February 14, 1930.


Attorney(s) appearing for the Case

Ritter & Brumback, of Toledo, Ohio, for appellants.

Fraser, Hiett, Wall & Effler, of Toledo, Ohio, for appellees.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and TAYLOR, District Judge.


HICKENLOOPER, Circuit Judge.

Plaintiffs brought their action in the court of common pleas of Lucas county, Ohio, under sections 8814 and 8970 of the General Code of Ohio, claiming joint liability of defendants for the destruction of certain barges by fire communicated from the railway. The Pennsylvania Railroad Company filed a petition for removal, alleging that The Pennsylvania, Ohio & Detroit Railroad Company, an Ohio corporation, was "improperly joined as a...

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