Legal Opinion
Gilmore v. United Air Lines Transport Corp.
District Court, N.D. California
Decided August 30, 1937No. 20299-SPublishedCited by 1 opinion
1Opinion of the Court
ST. SURE, District Judge.
Plaintiffs brought suit in the state court against defendants as joint tort-feasors, charging them with negligence which *372caused the death of J. Franklin Gilmore. The case was removed to this court under the provisions of sections 28 and 29 of the Judicial Code, 28 U.S.C.A. §§ 71, 72. Motion to remand is made upon the ground that the complaint does not state a separable controversy within the established rule.
Plaintiffs elected to prosecute a joint action' for concurrent negligence against defendants under permissible state procedure. Section 427, Code of Civil…
2Cases cited10 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Chi., RI & Pac. Ry. v. DowellSupreme Court of the United States · 1913
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. BohonSupreme Court of the United States · 1906
- Hay v. May Department Stores Co.Supreme Court of the United States · 1926
- Sawdey v. Producers' Milk Co.California Court of Appeal · 1930
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3Cited by1 opinion
- Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1961