Legal Opinion

Summers v. Louisville & N. R.

District Court, E.D. Kentucky

Decided June 30, 1933No. 3989PublishedCited by 1 opinion

1Opinion of the Court

ANDREW M. J. COCHRAN, District Judge.

This action is before me on plaintiff’s motion to remand to the state circuit court from which it was removed. There is no diversity of citizenship between the parties. It was removed on the ground that the action arises under the laws of the United States. The particular law under which it is alleged in the petition for removal that it arises is the Federal Safety Appliance Act (45 USCA § 1 et seq.). It is the position of the plaintiff that it does not so arise, but that it arises under the Federal Employers’ Liability Act (45 USCA §§ 51-59). Of course if…

2Cases cited28 opinions

  1. Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
  2. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  3. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
  4. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  5. Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916

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3Cited by1 opinion

  1. David Preston v. Grant Advertising, Inc.Court of Appeals for the Fifth Circuit · 1967

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