District Court, D. Kansas January 10, 1950, T-20 (Billups v. American Surety Co.)

MELLOTT, District Judge.

The - motion to remand requires- interpretation of Title 28 U.S.C.A. § 1441(c),

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shown in the margin.

1

The issue, succinctly stated, is whether a nonresident of Kansas, joined as a defendant with a resident of that state, may remove to this court, the complaint charging joint negligence of the two defendants but not identical acts of negligence.