Roberts v. Shelby Steel Tube Co.

Sixth Circuit

Roberts v. Shelby Steel Tube Co.

131 F. 729, 65 C.C.A. 589, 1904 U.S. App. LEXIS 4314

Court of Appeals for the Sixth Circuit·Decided July 9, 1904·No. No. 1,298·Published·Cited by 1 cases

Opinion

PER CURIAM.

Reversed and remanded, with directions to remand to the state court. Petition charged concurring acts of negligence of master and servant, and was therefore not a removable case, as presenting a separable controversy between plaintiff and the corporation, and is therefore governed by Chesapeake & Ohio Ry. Co. v. Dixon, 179 U. S. 131, 21 Sup. Ct. 67, 45 L. Ed. 121, and Hunt v. American Bridge Co. (decided by this court at the May session) 130 Fed. 302.

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PER CURIAM.

Reversed and remanded, with directions to remand to the state court. Petition charged concurring acts of negligence of master and servant, and was therefore not a removable case, as presenting a separable controversy between plaintiff and the corporation, and is therefore governed by Chesapeake & Ohio Ry. Co. v. Dixon, 179 U. S. 131, 21 Sup. Ct. 67, 45 L. Ed. 121, and Hunt v. American Bridge Co. (decided by this court at the May session) 130 Fed. 302.

Roberts v. Shelby Steel Tube Co., 131 F. 729, 65 C.C.A. 589, 1904 U.S. App. LEXIS 4314 (6th Cir. 1904).

Pincite

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Opinion

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