Berens v. Byram

ELLIOTT, District Judge.

I have considered the issues presented upon plaintiff’s motion to remand this cause from the United States District Court, District of South Dakota, to which it was removed by defendants from the state circuit court. The real contention of the plaintiff is that the suit is under the Federal Employers’ Liability Act (45 USCA §§ 51-59; Comp. St. §§ 8657-8665), which contains an express provision prohibiting removal.

The defendants in this case were at the time of the alleged injury of plaintiff, and are, the receivers of the Chicago, Milwaukee & St. Paul Railway Company,…