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CRAY, McFAWN & CO. v. HEGARTY, CONROY & CO.

No. 402.

85 F.2d 516 (1936)

CRAY, McFAWN & CO. v. HEGARTY, CONROY & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

August 10, 1936.

Attorney(s) appearing for the Case

Spence, Hopkins, Walser & Hotchkiss, of New York City (Kenneth E. Walser, Henry G. Hotchkiss, and Thomas S. Hale, all of New York City, of counsel), for complainant-appellant.

Mack, McCauley, Spiegelberg & Gallagher, of New York City (George A. Spiegelberg, of New York City, of counsel), for defendant-appellee Hegarty, Conroy & Co., Inc.

Simpson, Thacher & Bartlett, of New York City (Robert H. O'Brien and Walter E. Beer, Jr., both of New York City, of counsel), for appellee Atlas Corporation.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This suit was removed by the defendant Atlas Corporation (hereinafter referred to as Atlas) on the ground that there was a separable controversy between the complainant and that corporation. When Atlas filed its petition and bond for removal in the New York Supreme Court, Justice Shientag declined to approve the bond on the ground that there was no separable controversy. Atlas filed the petition...

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