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FRANKENSTEIN v. ANACONDA COPPER MINING CO.

6 F.Supp. 569 (1934)

FRANKENSTEIN v. ANACONDA COPPER MINING CO. et al.

District Court, S. D. New York.

April 10, 1934.

Attorney(s) appearing for the Case

Guggenheimer, Strasser & Meyer, of New York City (Charles H. Meyer and Ira D. Wallach, both of New York City, of counsel), for plaintiff.

Johnson & Shores, of New York City (Charles Dickerman Williams, of New York City, of counsel), for defendant Nettie G. Ryan.

WOOLSEY, District Judge.

The motion to remand is denied.

I. The controversy between the plaintiff and Mrs. Nettie G. Ryan, the removing defendant (and her coexecutor John C. Ryan), is in my opinion a controversy which is separable from the controversy between the plaintiff and the other defendants. Indeed, taking as I must the real gravamen of action as a test, Genuine Panama Hat Works, Inc. v. Webb (D. C.) 36 F.2d 265, 267...

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