Legal Opinion

Frankenstein v. Anaconda Copper Mining Co.

District Court, S.D. New York

Decided April 10, 1934Published

1Opinion of the Court

WOOLSEY, District Judge.

The motion to remand is denied.

I. The controversy between the plaintiff and Mrs. Nettie G. Ryan, the removing defendant (and her eoexecutor John C. Ryan), is in my opinion a controversy which is separable from the controversy between the plaintiff and the other defendants. Indeed, taking as I must the real gravamen of action as a test, Genuine Panama Hat Works, Inc. v. Webb (D. C.) 36 F.(2d) 265, 267; Hough v. Societe Electrique Westinghouse de Russie (D. C.) 232 F. 635, 636, Mrs. Ryan is not charged in the complaint with original liability as a joint tort-feasor but…

2Cases cited6 opinions

Genuine Panama Hat Works, Inc. v. WebbDistrict Court, S.D. New York · 1929
Del Fungo Giera v. Rockland Light & Power Co.District Court, S.D. New York · 1931
Hough v. Société Electrique Westinghouse de RussieDistrict Court, S.D. New York · 1916
German American Coffee Co. v. O'NeilNew York Supreme Court · 1918
Seaman v. SlaterU.S. Circuit Court for the District of Southern New York · 1883

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