Welter v. E. I. Du Pont De Nemours & Co.

NORDBYE, District Judge.

This action was brought in the state court in November, 1939, and removed to this court on the grounds of diversity of citizenship. It involves a suit for damage growing out of personal injuries sustained by the alleged premature explosion of a dynamite cap. A motion to remand was denied on the ground of a fraudulent joinder of a resident defendant, in that plaintiff had no reasonable grounds for believing that joint liability existed. Defendants moved to make the complaint more definite and certain. The court, while recognizing that the allegations of the complaint…