HOUPBURG v. KANSAS CITY STOCK YARDS CO. OF MAINE

No. 8270.

114 F.Supp. 659 (1953)

HOUPBURG v. KANSAS CITY STOCK YARDS CO. OF MAINE et al.

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

September 9, 1953.


Attorney(s) appearing for the Case

Rogers, Field & Gentry, Kansas City, Mo., for plaintiff.

Brenner, Van Valkenburgh & Wimmell, Kansas City, Mo., for defendants.


REEVES, Chief Judge.

The only question for decision in this case is whether the plaintiff voluntarily abandoned the joint character of his proceeding. It is admitted that a joint cause of action was stated and that the local defendant was not served with process until after the non-resident defendant had sought removal. Clearly it was too late after removal proceedings were filed to cause service to be made upon the local defendant if otherwise the plaintiff had voluntarily...

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