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BOHANAN v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

Civ. No. 68-152.

289 F.Supp. 490 (1968)

Frank BOHANAN and Texas Oklahoma Express, Inc., a Corporation, Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, and Thomas Concrete Products Co., a Corporation, Defendants.

United States District Court W. D. Oklahoma.

August 12, 1968.

Attorney(s) appearing for the Case

Ed Abel, of Lampkin & Wolfe, Oklahoma City, Okl., for plaintiffs.

W. R. Wallace, Jr., of Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, Okl., for defendant Atchison T. & S. F. Ry. Co.

Ben A. Goff, Oklahoma City, Okl., for defendant Thomas Concrete Products Co.

ORDER

DAUGHERTY, District Judge.

The Court has under consideration the Plaintiffs' Motion to Remand this case to State Court and a Motion to Dismiss filed by the Defendant Thomas Concrete Products Company (Concrete Products Company).

Plaintiffs' Motion to Remand must be sustained.

First, because removal to this Court was out of time, 28 United States Code, § 1446. More than the prescribed...

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