SMITH v. WALDEMAR

Civ. No. 541.

85 F.Supp. 36 (1949)

SMITH v. WALDEMAR et al.

United States District Court E. D. Tennessee, Northeastern Division.

June 16, 1949.


Attorney(s) appearing for the Case

Hanry L. Garrett, Kingsport, Tenn., for plaintiff.

Penn, Hunter, Smith & Davis, Kingsport, Tenn., for defendants Franklin Cole and F. M. Crockett.

Cox, Taylor, Epps, Miller & Wilson, Johnson City, Tenn., and Bandy & Bandy, Kingsport, Tenn., for defendant Jack Waldemar.


DARR, District Judge.

Plaintiff and one of the defendants have moved separately to remand this cause to the state court from which it was removed by the other two defendants, and the two removing defendants have moved that the third defendant be made a party defendant here. All of the defendants are non-residents of Tennessee.

In the Court's opinion the cause was improperly removed and must be remanded. A declaration has not been filed, but the summons shows...

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