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BAGWELL v. SOUTHERN RY. CO.

21 F.Supp. 751 (1938)

BAGWELL v. SOUTHERN RY. CO. et al.

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

January 5, 1938.

Attorney(s) appearing for the Case

Perrin & Tinsley, of Spartanburg, S. C., for plaintiff.

DePass & DePass, of Spartanburg, S. C., for defendant Southern Ry. Co.

Donald Russell, of Spartanburg, S. C., for defendant Charleston & Western Carolina 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 Spartanburg county from whence it was removed by the petition of the nonresident defendant Southern Railway Company on the grounds of separable controversy and fraudulent joinder.

The action is one for damages for the death of plaintiff's intestate, which occurred at a railway crossing of the resident defendant Charleston & Western...

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