Legal Opinion

Munford Rubber Tire Co. v. Consolidated Rubber Tire Co.

U.S. Circuit Court for the District of Southern New York

Decided May 12, 1904Published

On Motion to Remand to State Court.

1Opinion of the Court

COXE, Circuit Judge.

The plaintiff is a citizen of Georgia; the defendants are citizens of other states, none of them being a citizen of Georgia. We hate then a controversy wholly between citizens of different states. I am unable to distinguish this case from Ins. Co. v. Champlin (C. C.) 21 Fed. 85. Subsequently followed in this circuit in Garner v. Bank (C. C.) 66 Fed. 369, and Trust Co. v. Mackay, 70 Fed. 801.

The motion to remand is denied.

2Cases cited2 opinions

  1. Mutual Life Ins. v. ChamplinU.S. Circuit Court for the District of Southern New York · 1884
  2. Garner v. Second Nat. Bank of ProvidenceU.S. Circuit Court for the District of Southern New York · 1895