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MORRIS v. E. I. DU PONT DE NEMOURS & CO.

No. 9639.

68 F.2d 788 (1934)

MORRIS v. E. I. DU PONT DE NEMOURS & CO. et al.

Circuit Court of Appeals, Eighth Circuit.

February 1, 1934.

Attorney(s) appearing for the Case

Francis R. Stout, of St. Louis, Mo. (Karl P. Spencer, of St. Louis, Mo., on the brief), for appellant.

Sears Lehmann and Frank Y. Gladney, both of St. Louis, Mo. (Jones, Hocker, Sullivan, Gladney & Reeder and Lehmann & Lehmann, all of St. Louis, Mo., on the brief), for appellees.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a judgment dismissing, for want of prosecution, an action at law brought by the appellant against the appellees in the circuit court of the city of St. Louis, Mo., from which it was removed by the nonresident corporate defendant on the grounds of diversity of citizenship, a separable controversy, and the fraudulent joinder of the resident defendant Raithel. The plaintiff moved to remand the case, denying the existence of...

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