Sperry v. Wabash R.

LINDLEY, District Judge.

Plaintiff seeks to have remanded a cause removed upon a petition alleging that a separable controversy existed between the corporate defendant, a nonresident of Illinois, and plaintiff, a resident of Illinois, justifying removal as provided by 28 U.S.C.A. § 71. The petition relied also upon an alleged fraudulent joinder of the individual defendants, employees of defendant railroad company, grounded upon the fact that, when an earlier suit had been filed against the corporate defendant alone, plaintiff, upon learning that application for removal was imminent, dismissed…