Legal Opinion

Key v. West Kentucky Coal Co.

District Court, W.D. Kentucky

Decided December 2, 1916PublishedCited by 6 opinions

At Law. Action by Clarence Key and his guardian, Joseph Wag-goner, against the West Kentucky Coal Company and another. On motion to remand to the state court.

1Opinion of the Court

EVANS, District Judge.

This action was commenced in the Webster circuit court on June 16, 1915, on a claim for $30,000 damages for personal injuries to an infant employe. The plaintiffs and the defendant Elswick are citizens of Kentucky. The West Kentucky Coal Company (which we shall call the Coal Company) is a citizen of New Jersey-by virtue of its incorporation in that state. It filed its petition for the removal of the cause upon the two grounds, stated generally, of separable controversy and the joinder of Elswick as a defendant with the fraudulent intent to thereby prevent the removal of…

2Cases cited7 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Railroad Co. v. KoontzSupreme Court of the United States · 1881
  3. Whitcomb v. SmithsonSupreme Court of the United States · 1900
  4. St. Paul & Chicago Railway Co. v. McLeanSupreme Court of the United States · 1883
  5. Kansas City Suburban Belt Railway Co. v. HermanSupreme Court of the United States · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. W. H. Pat O'Bryan v. Stephen S. ChandlerCourt of Appeals for the Tenth Circuit · 1974
  2. Gray v. Stanford Research InstituteDistrict Court, N.D. Texas · 1952
  3. State Ex Rel. Porter v. FalkenhainerSupreme Court of Missouri · 1927
  4. Nelson v. Black Diamond Mining Co.District Court, W.D. Kentucky · 1916
  5. Guasp v. Construction Supplies Corp.District Court, D. Puerto Rico · 1924

1 more not listed; retrieve them via the Exa API.

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