Killebrew v. Atchison, Topeka & Santa Fe Ry. Co.

DAUGHERTY, District Judge.

This matter is before the Court on both a motion to remand filed by the plaintiff and a motion to dismiss filed in-behalf of the defendant Crownover. The motion to dismiss is related to the motion to remand. If the motion to dismiss is well taken there is diversity and this Court will retain jurisdiction; if not well taken the requisite jurisdictional diversity is not present and the cause must be remanded.

The determinative question posed to the Court is whether or not the plaintiff has stated a claim against the defendant Crownover. The answer must be found in the…