Billups v. American Surety Co.

MELLOTT, District Judge.

The - motion to remand requires- interpretation of Title 28 U.S.C.A. § 1441(c), shown in the margin. 1 The issue, succinctly stated, is whether a nonresident of Kansas, joined as a defendant with a resident of that state, may remove to this court, the complaint charging joint negligence of the two defendants but not identical acts of negligence.

Summarizing the facts pleaded, two vehicles, proceeding in the same direction along a public highway, collided, the second caroming to the left and into the pathway of a vehicle approaching from the opposite direction. It is…