Cummings v. Riley Stoker Corp.

REEVES, District Judge.

This case presents very unusual features. The question of fraudulent joinder is not involved. The petition for removal simply asserts that the defendant Riley Stoker Corporation is a non-resident Corporation and that there was no such local corporate entity as Hughes Machinery Company. The latter averment is supported by the affidavit of Elmer L. Hughes. The question for decision, therefore, is whether, upon the facts as hereinafter stated, the case should be remanded or jurisdiction retained here.

The suit as originally brought was against “Riley Stoker Corporation, a…