Shaw v. Great Atlantic & Pacific Tea Co.

The opinion of the Court was delivered by

Mr. Justice Fishburne.

This appeal is from an order of the lower Court of date August 15, 1938, removing the cause, on the motion of the respondent, to the United States District Court for the Eastern District of South Carolina. The order of removal was based upon the conclusion that the first cause of action alleged in the complaint presented a separable controversy between a resident plaintiff and a non-resident defendant, The Great Atlantic and Pacific Tea Company, which could properly be removed to the Federal Court. The other defendant, Dudie O.…