Gable v. Chicago, M., St. P. & P. R.

OTIS, District Judge.

On a former occasion this case was removed here on the petition of the defendant railroad company and was remanded to the state court on plaintiff’s motion. After it was remanded, two events occurred. The plaintiff entered into a covenant with the defendant Kent that she would not further prosecute against him the cause of action stated in her petition in this case, and she dismissed with prejudice a case against him pending in an Iowa state court involving the same cause of action. The defendant railroad company, having discovered that the plaintiff had entered into the…