Legal Opinion

Picker v. United Cigar Stores Co. of America

District Court, S.D. New York

Decided September 12, 1933PublishedCited by 1 opinion

1Opinion of the Court

WOOLSEY, District Judge.

These motions to remand are granted. As I find no jurisdiction, there cannot be any costs.

I. There is a nice question involved in this and its sister motion as to whether the removing defendants may claim that there is a separable cause of action against them. The stronger argument can be made for the Delaware corporation. But it seems to me that it may be fairly said that the situation here shown lies between that before me in Rogers v. Hill et al. (D. C.) 53 F.(2d) 395, a clearly removable case, and that before me in Del Fungo Giera v. Rockland Light & Power Company…

2Cases cited2 opinions

  1. Del Fungo Giera v. Rockland Light & Power Co.District Court, S.D. New York · 1931
  2. Rogers v. HillDistrict Court, S.D. New York · 1931

3Cited by1 opinion

  1. DeVan v. Tobacco Products Corp.District Court, S.D. New York · 1937

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