Moe v. Eagle Ocean Transp. Co.

KENNERLY, Chief Judge.

This suit, brought under the Jones Act, Section 688, Title 46 U.S.C.A., in a State Court, has been removed into this Court. Plaintiff moves to remand. Defendant, in a very able brief, insists that under the Judicial Code of September 1, 1948 (Title 28) a suit under the Jones Act may now be removed into this Court. It insists that Gutierrez v. Pacific Tankers, Inc., D.C., 81 F.Supp. 278, was not correctly decided.

With this, I cannot agree. A careful reading of Section 6881 convinces *911me that even with the change of wording of the old Section 71 of Title 28, U.S.C.A., which…