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McLEOD v. CITIES SERVICE GAS COMPANY

No. 5204.

233 F.2d 242 (1956)

Alfred E. McLEOD and Bessie McLeod, Appellants, v. CITIES SERVICE GAS COMPANY, a corporation; and Corinne Wootten Miller, as Executrix of the Last Will and Testament of Charles Miller, deceased, Appellees.

United States Court of Appeals Tenth Circuit.

March 19, 1956.

Attorney(s) appearing for the Case

Frank C. Rayburn and John A. Weiss, Kansas City, Mo. (Robert J. Sanders, Kansas City, Mo., and James S. Lester, Oskaloosa, Kan., were with them on the brief), for appellants.

Joe Rolston, Jr., Oklahoma City, Okl., and Wm. F. Pielsticker, Wichita, Kan. (Conrad C. Mount, O. R. Stites, Oklahoma City, Okl., and William C. Leech, Oskaloosa, Kan., were with them on the brief), for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Appellants have appealed from a judgment of the District Court of Kansas, and the sole assignment of error is the refusal of the court to remand the case to the State District Court from which it was removed, on the grounds of a separate and independent claim and fraudulent joinder of a resident defendant. Preliminary to the question of removability is the timeliness of the removal. The whole question is presented on the following pertinent...

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