Smoke Mount Industries, Inc. v. Eureka Security Fire & Marine Insurance

The petition for removal, in addition to the allegations as to jurisdictional amount, and diverse citizenship, further alleges (1) no-subsisting cause of action against the resident defendant, the Bank of Asheville; (2) fraudulent joinder; and (3) the cause of action alleged in the complaint can be fully and completely determined between the petitioner and the plaintiff; and that said cause of action or controversy is ■entirely separate and distinct from any controversy involving petitioner’s codefendant.

In considering a petition for removal, tbe allegations of tbe complaint are admitted to…