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FORREST v. SOUTHERN RY. CO.

No. 2659.

20 F.Supp. 753 (1937)

FORREST v. SOUTHERN RY. CO. et al.

District Court, W. D. South Carolina, Greenwood Division.

October 21, 1937.

Attorney(s) appearing for the Case

W. K. Charles, of Greenwood, S. C., for plaintiff.

Blythe & Bonham, of Greenville, S. C., for defendant Southern Ry. Co.

WYCHE, District Judge.

This matter is before me on plaintiff's motion to remand the case to the court of common pleas for Greenwood county, S. C., from whence it was removed at the instance of the Southern Railway Company on the following grounds: (1) Separable controversy; (2) fraudulent joinder.

The action is one for the recovery of damages for the death of plaintiff's intestate which occurred at a railroad crossing in a collision of a freight train of the...

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