Attorney(s) appearing for the Case
B. T. Hurwitz and Roger T. Hurwitz, Kansas City, Mo., for plaintiff.
William Coleman Branton, of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., for defendants.
United States District Court W. D. Missouri, W. D.
WHITTAKER, District Judge.
I deal now with plaintiff's motion to remand, which turns upon (1) the legal question of whether diversity is to be determined as of the time of removal, as the removing defendants contend, or as of the time of institution of the suit, and (2) upon the factual question of whether plaintiff had voluntarily abandoned or discontinued the action as to the resident defendant before the removal.
Briefly summarized, the facts which present...
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