Legal Opinion
Brashear v. Louisville & N. R.
District Court, E.D. Kentucky
Decided February 6, 1929PublishedCited by 1 opinion
1Opinion of the Court
COCHRAN, District Judge.
Those actions are before me on plaintiffs’ motions to remand and on defendants’ special demurrer to the jurisdiction and general demurrer.
The ground of the motions to remand as to' both actions is that no petition for removal was filed to the original petition. This position is not sound. No petition for removal could then have been filed. There was no diversity of citizenship, and the actions did not arise under the Constitution and laws of the United States. As construed by the Court of Appeals of Kentucky in the case of Louisville & Nashville R. Co. v. Brashear, 217…
2Cases cited5 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Louisville & Nashville Railroad v. BrashearCourt of Appeals of Kentucky (pre-1976) · 1926
- Freeman v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Missouri, K. & T. Ry. Co. of Texas v. SmithCourt of Appeals of Texas · 1913
3Cited by1 opinion
- Marking v. New St. Louis & Calhoun Packet Co.District Court, W.D. Kentucky · 1943