MILLER v. CARECCIOLA

No. 8165.

112 F.Supp. 227 (1953)

MILLER v. CARECCIOLA et al.

United States District Court W. D. Missouri, W. D.

April 28, 1953.


Attorney(s) appearing for the Case

Gibson Langsdale and Clif Langsdale, Kansas, City, Mo., for plaintiff.

Douglas Stripp, of Watson, Ess, Whittaker, Marshall & Enggas, Kansas City, Mo., for defendant.


REEVES, District Judge.

No question arises in this case as to a diversity of citizenship. It is admitted that some of the defendants are residents of Missouri, as the plaintiff. Removal was attempted upon the sole ground that from plaintiff's petition a separate and independent claim or cause of action against the removing defendants appeared.

Adverting to the petition, it is there stated that:

"* * * the said defendant, John M. Weir, told defendant...

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