McCann v. Bentley Stores Corp.

OTIS, District Judge.

The question for decision is whether a case is removable from a state to the federal court which, when it was originally filed in the state court, was a controversy between citizens of the same state, but in which, on plaintiff’s motion, a non-resident defendant is substituted for the original defendant, is brought in by summons, and at once petitions for removal. The question is presented by plaintiff’s motion to remand.

The plaintiff filed her petition in the Jackson County, Missouri, Circuit Court October 23, 1936. The defendant named was Western Bentley Mercantile…