Stratton's Independence, Ltd. v. Sterrett
Supreme Court of Colorado
Avv&ctl from Teller District Court — Hon. Robert E: Lewis, Judge. Cause remanded with directions.
1Opinion
ON PETITION FOR REHEARING.
2Opinion of the CourtJustice Gabbert
In. the petition for removal it is alleged, in substance, that the facts alleged in the complaint do not *32constitute joint and concurring negligenpe upon the part of the Mining Company, and the resident defendants, and that the latter are sham and fictitious, and were fraudulently joined with the Mining Company for the purpose of presenting the removal of the cause to the federal court. We have determined that -the cause should have been removed upon the ground that the joinder of the resident defendants was fraudulent, and that they were sham and fictitious because…
3Cases cited6 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Floyt v. Shenango Furnace Co.U.S. Circuit Court for the District of Minnesota · 1911
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