DOWNEY v. GEARY-WRIGHT TOBACCO CO.

No. 187.

39 F.Supp. 33 (1941)

DOWNEY v. GEARY-WRIGHT TOBACCO CO.

District Court, E. D. Kentucky.

May 14, 1941.


Attorney(s) appearing for the Case

J. A. Edge, of Lexington, Ky., for plaintiff.

Harry B. Miller, of Lexington, Ky., for Geary-Wright Tobacco Co.

John T. Metcalf, U. S. Atty., of Lexington, Ky., and John S. Yost and W. Carroll Hunter, Sp. Assts. to the Atty. Gen., for the United States as intervenor.


FORD, District Judge.

This is a civil action which was originally filed in the Circuit Court of Fayette County and which, by regular and timely proceedings, was removed to this Court. The defendant rests its claim to the right of removal upon the ground that it is a suit arising under a law of the United States regulating commerce. Plaintiff challenges this claim by motion to remand.

Section 28 of the Judicial Code, 28 U.S. C.A. § 71, authorizes removal...

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