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AUTOMOBILE INS. CO. OF HARTFORD, CONN. v. HARRISON

7 F.Supp. 846 (1934)

AUTOMOBILE INS. CO. OF HARTFORD, CONN., v. HARRISON et al.

District Court, S. D. New York.

June 25, 1934.

Attorney(s) appearing for the Case

Lester Weil, of New York City (Emanuel Thebner, of New York City, of counsel), for plaintiff.

Hunt, Hill & Betts, of New York City (Geo. Whitefield Betts, Jr., John W. Crandall, and William Logan, Jr., all of New York City, of counsel), for defendants.

WOOLSEY, District Judge.

This motion is in all respects granted.

I. The refusal of the state court to approve the petition for removal has not any effect, because the United States District Court is entitled itself to determine whether a removal is proper under the federal statutes or not. In this respect it is the dominant jurisdiction, Kern v. Huidekofer, 103 U.S. 485, 490, 26 L. Ed. 354, and may enjoin the plaintiff, in a...

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