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BILLUPS v. AMERICAN SURETY CO.

No. T-20.

87 F.Supp. 894 (1950)

BILLUPS et al. v. AMERICAN SURETY CO. et al.

United States District Court D. Kansas.

January 10, 1950.

Attorney(s) appearing for the Case

Howard McCue (of McCue & McCue), and Baker & Doherty, Topeka, Kan., for plaintiffs.

Ralph Oman (of McClure, Webb & Oman), Topeka, Kan., for defendant American Surety Co.

Lillard, Eidson, Lewis & Porter, Topeka, Kan., for defendant Wilkening.

MELLOTT, District Judge.

The motion to remand requires interpretation of Title 28 U.S.C.A. § 1441(c), shown in the margin.1 The issue, succinctly stated, is whether a nonresident of Kansas, joined as a defendant with a resident of that state, may remove to this court, the complaint charging joint negligence of the two defendants but not identical acts of negligence.

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