Legal Opinion

Clark v. Chicago, R. I. & P. Ry. Co.

District Court, W.D. Missouri

Decided March 9, 1912No. 3,779PublishedCited by 12 opinions

At Law. Action by William A. Clark against the Chicago, Rock Island & Pacific Railway Company and another. On plea to the jurisdiction.

1Opinion of the Court

VAN VALKENBURGH, District Judge.

The defendant railroad removed the cause to this court on the ground of diversity of citizenship, asserting that the defendant Murphy is neither a proper nor necessary party to the proceeding, but, on the contrary, that he was fraudulently joined with the defendant company to prevent removal to this court. In the petition for removal the defendant railroad company sets up the facts upon which this charge of fraudulent joinder is based, and alleges that the facts stated were well known to the plaintiff, and that plaintiff well knew, and must have known, that no…

2Cases cited25 opinions

  1. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  2. Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
  3. Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
  4. Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
  5. Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889

20 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
  2. Broadway Coal Mining Co. v. RobinsonCourt of Appeals of Kentucky · 1912
  3. Atlantic Coast Line Railroad v. KnightCourt of Appeals of Georgia · 1933
  4. Morefield v. Ozark Pipe Line CorporationDistrict Court, N.D. Oklahoma · 1928
  5. Plunkett v. Gulf Refining Co.District Court, N.D. Georgia · 1919

7 more not listed; retrieve them via the Exa API.

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