ROSEBERRY v. FREDELL

No. 447.

174 F.Supp. 937 (1959)

W. H. ROSEBERRY, Senior, Administrator of the Estate of Bessie Roseberry, Deceased, Plaintiff, v. D. A. FREDELL, Haynie Menhaden Products, Inc., and Bickett Sharpe Motor Lines, Defendants.

United States District Court E. D. Kentucky, Catlettsburg Division.

May 29, 1959.


Attorney(s) appearing for the Case

H. R. Wilhoit, Grayson, Ky., G. B. Johnson, Jr., Ashland, Ky., for plaintiff.

Harry F. Riddle, C. Guthrie Yager, Ashland, Ky., for defendants, D. A. Fredell and Bickett Sharpe Motor Lines.

Howard VanAntwerp, III, Ashland, Ky., for defendant, Haynie Menhaden Products, Inc.


SWINFORD, District Judge.

This case is before the court on the plaintiff's motion to remand it to the state court. It is important to a decision on this motion to briefly review the history of this litigation.

The action was filed in the Carter County, Kentucky, Circuit Court on July 28, 1958. The summons was executed on August 5, 1958, and on August 22, 1958, the defendants filed "Petition for Removal of Cause...

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