Legal Opinion
Pabst v. Roxana Petroleum Co.
District Court, S.D. Texas
Decided February 19, 1929No. 977PublishedCited by 22 opinions
1Opinion of the Court
HUTCHESON, District Judge.
This cause was removed to this court on petition of Roxana Petroleum Company, a foreign corporation, upon allegations that the bill contained separable controversies wholly triable between that defendant and the plaintiffs. Prior to the Act March 3, 1875, persons, parties to separable controversies, might remove their controversy into the federal court. Since the Act March 3, 1875 (section 2, as amended [28 USCA § 71]), a separable controversy authorizes the removal of the whole cause.
The rule governing the existence of a separable controversy is plain and simple;…
2Cases cited5 opinions
- Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- Fritzlen v. Boatmen's BankSupreme Court of the United States · 1909
- Yankaus v. FeltensteinSupreme Court of the United States · 1917
- Chunes v. Duluth, W. & P. RY. CO.District Court, D. Minnesota · 1923
3Cited by22 opinions
- John Jones v. General Tire & Rubber Co.Court of Appeals for the Seventh Circuit · 1976
- O. W. Weeks v. The Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1955
- Linnin v. MichielsensDistrict Court, E.D. Virginia · 2005
- Safe Workers' Organization, Chapter No. 2 v. BallingerDistrict Court, S.D. Ohio · 1974
- Chuska Energy Company v. Mobil Exploration & Producing North America, Inc., (Substituting for the Superior Oil Company)Court of Appeals for the Fifth Circuit · 1988
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