Metcalf v. Bardo Coal Co.

FORD, District Judge.

Upon the petition of two out of thirty-four defendants, this case was removed to this Court from the Circuit Court of Harlan County, Kentucky, on the sole ground that it is a suit of a civil nature ¿rising under the constitution and laws of the United States of which the District Courts of the United States are given original jurisdiction. Judicial Code, § 28, 28 U.S.C.A. § 71.

The plaintiffs and nine of the defendants have filed motions to remand on the ground that the removal, at the instance of only two of the thirty four defendants, is not authorized by the applicable…