Demarkles v. Rudolph Wurlitzer Co.

ALDRICH, District Judge.

This is an action removed from the state court on the grounds of diversity. It is alleged to be for fraud, misrepresentation and deceit leading to the plaintiff’s purchase of a number of juke boxes, so-called. The plaintiff, Demarkles, moves to remand, and the defendant, Wurlitzer, moves to quash the service of process.

Demarkles’ motion alleges a number of inconsequential grounds, and one that is of some interest. On February 15, 1955, Wurlitzer brought a suit in equity in the state court against Demarkles under Mass.G.L. Ch. 214, § 3(1), for what is locally known as…