McLean v. Wabash R. Co.

REEVES, District Judge.

The only question presented here is whether the plaintiff has a right to dismiss as to the removing defendant Wabash Railroad Company.

An examination of the complaint discloses that said defendant is not an indispensable party. It is optional whether the plaintiff should have made said defendant a party. While the motion to dismiss asserts that notice was given and it was filed before the said Wabash Railroad Company had answered, the notice shows that it was served upon counsel for the said defendants on the 9th day of July, 1942, whereas the removing defendant had…