AMMOND v. PENNSYLVANIA R. CO.

No. 8760.

125 F.2d 747 (1942)

AMMOND v. PENNSYLVANIA R. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

February 10, 1942.


Attorney(s) appearing for the Case

Virgil F. Mills, of Canton, Ohio (Amerman & Mills, of Canton, Ohio, on the brief), for appellant.

Clan Crawford, of Cleveland, Ohio, and Russell J. Burt, of Canton, Ohio (Burt, Carson & Shadrach, of Canton, Ohio, Squire, Sanders & Dempsey, of Cleveland, Ohio, Russell J. Burt, of Canton, Ohio, and Thomas M. Kirby, of Cleveland, Ohio, on the brief), for appellees.

Before SIMONS, HAMILTON, and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

The principal question involved in the appeal is whether the United States District Court was right in retaining jurisdiction of a case removed from a state court in Ohio by the railroad defendant, on the ground that the controversy as to it was separable from that existing between the plaintiff and its engineer in a suit for damages based upon negligence. A supplemental issue is concerned with the power of the Federal Court to enjoin execution...

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