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BARBER v. DUNLOP TIRE & RUBBER CORPORATION

No. 4647.

74 F.Supp. 580 (1947)

BARBER v. DUNLOP TIRE & RUBBER CORPORATION et al.

District Court, W. D. Missouri, W. D.

October 31, 1947.

Attorney(s) appearing for the Case

Plaintiff per se.

Trusty & Pugh, E. E. Pugh, Henry W. Buck, and Morrison, Nurgent, Berger, Hecker & Buck, all of Kansas City, Mo., for defendant.

REEVES, District Judge.

The only question presented is whether the local defendant was fraudulently joined for the purpose of defeating the jurisdiction of this court. On June 14, 1947, a memorandum opinion was filed, 72 F.Supp. 789, overruling the motion to remand. In that opinion it was pointed out that the local defendant was belatedly joined and that in depositions taken the proof did not support the averments of the complaint...

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