McLeod v. Cities Service Gas Co.

MURRAH, Circuit Judge.

Appellants have appealed from a judgment of the District Court of Kansas, and the sole assignment of error is the refusal of the court to remand the case to the State District Court from which it was removed, on the grounds of a separate and independent claim and fraudulent joinder of a resident defendant. Preliminary to the question of removability is the timeliness of the removal. The whole question is presented on the following pertinent record facts.

The appellants, husband and v/ife, sued appellees, nonresident Cities Service Gas Company and resident Miller, in the…