UNIVERSAL SURETY CO. v. MANHATTAN FIRE & MARINE INS. CO.

Civ. 1128.

157 F.Supp. 606 (1958)

UNIVERSAL SURETY COMPANY, a Corporation, Plaintiff, v. The MANHATTAN FIRE & MARINE INSURANCE CO., a Corporation, and Northwestern Bell Telephone Co., a Corporation, Defendants.

United States District Court D. South Dakota, S. D.

January 15, 1958.


Attorney(s) appearing for the Case

Chandler L. Beach, of Royhl, Benson & Beach, Huron, S. D., for plaintiff.

Ellsworth E. Evans and Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant Manhattan Fire & Marine Ins. Co.

William S. Churchill, of Churchill, Churchill & Sauer, Huron, S. D., for defendant Northwestern Bell Tel. Co.


MICKELSON, Chief Judge.

The issue for determination is whether there has been an improvident removal of this case from the Circuit Court of Beadle County, South Dakota, to this court. The matter has been brought before us on the motion of the plaintiff, Universal Surety Company, to remand the case to the state court.

The case is a declaratory judgment action brought by the plaintiff, a citizen of Nebraska, in a...

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