Gruetter v. Cumberland Telephone & Telegraph Co.
U.S. Circuit Court for the District of Western Tennessee
Action by John W. Gruetter against the Cumberland Telephone & Telegraph Company. On plaintiff’s motion to remand.
1Opinion of the Court
SANFORD, District Judge.
After careful consideration, I have reached the conclusion that the plaintiff’s motion to remand this suit to the state court from which it was removed by the defendant is not well taken. •
1. The first ground of the motion is that this is a suit to recover a, penalty, and. not an action of a civil nature that can be removed to the federal court on the ground of diverse citizenship. While I held in January of this year in the case of Brown v. Cumberland Telephone Company, 181 Fed. 246, at Memphis, that a suit of this character brought against a telephone company under…
2Cases cited25 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Cumberland Telephone & Telegraph Co. v. KellyCourt of Appeals for the Sixth Circuit · 1908
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3Cited by17 opinions
- Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
- Cross v. RyanCourt of Appeals for the Seventh Circuit · 1941
- Heckleman v. Yellow Cab Transit Co.District Court, E.D. Illinois · 1942
- James v. WilliamsTennessee Supreme Court · 1935
- Lee v. LangSupreme Court of Florida · 1939
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