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PICKER v. UNITED CIGAR STORES CO. OF AMERICA

6 F.Supp. 316 (1933)

PICKER et al. v. UNITED CIGAR STORES CO. OF AMERICA.

District Court, S. D. New York.

September 12, 1933.

Attorney(s) appearing for the Case

Charles Rosenbaum, of New York City (Mortimer Hays and Charles Joseph, both of New York City, of counsel), for plaintiffs.

Sullivan & Cromwell (by Alexander M. Grean, Jr.), of New York City, for defendant.

WOOLSEY, District Judge.

These motions to remand are granted. As I find no jurisdiction, there cannot be any costs.

I. There is a nice question involved in this and its sister motion as to whether the removing defendants may claim that there is a separable cause of action against them. The stronger argument can be made for the Delaware corporation. But it seems to me that it may be fairly said that the situation here shown lies between that before me in Rogers...

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