Lee v. Toledo, ST. L. & W. RY. CO.

WRIGHT, District Judge.

This suit is brought under Employer’s Liability Act April 22, 1908, as amended by Act April 5, 1910, c. 143, 36 Stat. 291, for causing the death of plaintiff’s intestate, and now comes before the court upon the plaintiff’s motion to remand to the state court. The cause was removed to this court from the state court upon the sole ground of diversity of citizenship, and the single point is made, in support of the motion to remand, that the amendment to the employer’s liability act of date April 5, 1910, provides that no case arising under said act and brought in any state…