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UNIVERSAL TERMINAL & STEVE. CORP. v. PENNSYLVANIA R. CO.

No. 67 Civ. 626.

279 F.Supp. 267 (1967)

UNIVERSAL TERMINAL AND STEVEDORING CORP., Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Lloyd Braseleiro (Patrimonio Nacional) and John W. McGrath Corp., Defendants.

United States District Court S. D. New York.

On Reargument June 27, 1967.

Attorney(s) appearing for the Case

Herman Goldman, New York City, for plaintiff.

Burlingham, Underwood, Barron, Wright & White, New York City, for Pennsylvania Railroad Co.

Purrington & McConnell, New York City, for Lloyd Braseleiro.

McHugh & Leonard, New York City, for John W. McGrath Corp.

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Plaintiff's motion to remand raises the troublesome question of applying the phrase "separate and independent claim or cause of action" contained in the removal statute, 28 U.S.C. § 1441(c).

The action was started in the Supreme Court of the State of New York, County of New York, and removed to this court by two of the three defendants, The Pennsylvania Railroad Company and Lloyd Braseleiro, both...

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