STATE v. MISSOURI PUBLIC SERVICE CORPORATION

No. 679.

25 F.Supp. 690 (1938)

STATE, on Inf. of McKITTRICK, Atty. Gen. of Missouri, ex rel. CITY OF TRENTON, MO., v. MISSOURI PUBLIC SERVICE CORPORATION.

District Court, W. D. Missouri, Central Division.

November 9, 1938.


Attorney(s) appearing for the Case

Roy McKittrick, Atty. Gen., and Covell R. Hewitt, Asst. Atty. Gen., for the State of Missouri.

Harry J. Fair and Russell N. Pickett, both of Trenton, Mo., for relator.

Patterson, Chastain, Graves & Smith, of Kansas City, Mo., for respondent.


COLLET, District Judge.

Plaintiff's motion to remand should be sustained upon the ground that defendant has waived its right to apply for a removal of the cause from the Supreme Court of Missouri.

The applicable legal principle is unquestionably, as defendant's counsel states, that the action relied upon as constituting a waiver must clearly indicate an intention to submit to the jurisdiction of the state court. That cannot be true when the act is not inconsistent...

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