Johnson v. Great Atlantic & Pacific Tea Co.

WYCHE, District Judge.

This action was instituted in the court of common pleas for Spartanburg County, South Carolina, from whence it was removed by the Great Atlantic and Pacific Tea Company, nonresident defendant, to this court upon the ground of separable controversy. The matter is now before me upon motion of the plaintiff to remand the case to the state court.

The complaint alleges that the resident defendant, John Keller, was in the employ of the non-resident defendant as manager of one of its stores in the City of Spartanburg; that Shivar Springs, Inc., wrote a libelous letter, the…