GALSTON, District Judge.
Two motions are made in this matter, both of which will be disposed of in this opinion.
The plaintiffs seek to have the cause remanded to the New York Supreme Court, and the defendants move to dismiss the suit.
A transcript of the record in the removal proceeding discloses that the petition was filed on behalf of Arch L. Derby, the only defendant served.
It therein appears that he is a resident and citizen of the state...
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