Jersey Paving Co. v. Fid. & Deposit Co. of Md.

OPINION

BISSELL, District Judge.

At issue before the Court is the question of whether removal jurisdiction exists in each of the above cases pursuant to 28 U.S.C. § 1441(c). The non-resident removing defendant in each action (Fidelity & Deposit Company of Maryland — “Fidelity”) asserts that any claim against it as a bonding company is “a separate and independent claim or cause of action, which would be removable if sued upon alone,” accordingly “the entire case may be removed.” Ibid. One plaintiff (Earl B. Pancoast) opposes removal jurisdiction in this Court. Of course, since the present…