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ROSS v. SOUTHERN RY. CO.

20 F.Supp. 556 (1937)

ROSS et al. v. SOUTHERN RY. CO. et al.

District Court, W. D. South Carolina.

September 16, 1937.

Attorney(s) appearing for the Case

S. M. Wolfe, of Gaffney, S. C. (Wolfe & Fort, of Gaffney, S. C.), for petitioners.

Harry De Pass, Jr., of Spartanburg, S. C. (De Pass and De Pass, of Spartanburg, S. C.), for defendant Southern Ry. Co.

Wm. Alton Crow, of Spartanburg, S. C. (Nicholls & Russell, of Spartanburg, S. C.), for defendant Spur Distributing Co., Inc.

WYCHE, District Judge.

This matter is before me on petitioners' motion to remand the cause to the court of common pleas for Cherokee county, S. C., from which it was removed at the instance of the defendant Southern Railway Company, on the ground of diversity of citizenship.

The suit is one in equity for an injunction to prevent the erection, maintenance, and operation upon the right of way of the Southern Railway Company of a general distributing plant for...

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