Medvedieff v. Cities Service Oil Co.

HULBERT, District Judge.

By his motion to remand plaintiff challenges statements set forth in the removal petition and the issues thus raised must be determined by this court; the petitioning defendant has the burden of proof. Wilson v. Republic Iron Co., 257 U.S. 92, 42 S.Ct. 35, 66 L.Ed. 144; see also, McNutt v. General Motors Acceptance Gorp., 298 U.S. 178, at page 189, 56 S.Ct. 780, 80 L.Ed. 1135.

Plaintiff brought a prior action in tMs court against the same defendant, a Pennsylvania corporation, and an associated Delaware corporation, and alleged in his complaint that the Pennsylvania…