Fogarty's Admr. v. Bates & Rogers Construction Co.

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

William Fogarty’s administrator brought this suit in the Mason circuit court against the Bates & Rogers Construction Company, an Illinois corporation, Robert Irvine and Richard Ellis, to recover damages in the sum of $50,000.00 for his death. The Bates & Rogers Construction Company filed a petition and bond for removal to the United States District Court for the Eastern District of Kentucky on the ground of separable controversy and fraudulent joinder. The order of transfer was made and plaintiff appeals.

It appears that the…