McMillen v. Indemnity Ins. Co. of North America

REEVES, District Judge.

Plaintiff has filed her motion to remand, and, supplemental thereto, has also filed a plea in abatement. The purpose of the plea in abatement was to reach facts not appearing of record.

The only question raised by the two pleadings is whether the defendant lost its right to remove from the state court to the federal court by serving notice to take depositions in the state court, and subsequently by actually taking such depositions. There is no question but that depositions in the cause on the part of the defendant were taken while the ease was pending in the state court.

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