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JOHNSON v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 2774.

25 F.Supp. 449 (1938)

JOHNSON v. GREAT ATLANTIC & PACIFIC TEA CO. et al.

District Court, W. D. South Carolina, at Spartanburg.

November 29, 1938.

Attorney(s) appearing for the Case

W. E. Bowen, of Greenville, S. C., and Donald Russell, of Spartanburg, S. C., for plaintiff.

Osborne, Butler & Moore, of Spartanburg, S. C., for defendant.

WYCHE, District Judge.

This action was instituted in the court of common pleas for Spartanburg County, South Carolina, from whence it was removed by the Great Atlantic and Pacific Tea Company, nonresident defendant, to this court upon the ground of separable controversy. The matter is now before me upon motion of the plaintiff to remand the case to the state court.

The complaint alleges that the resident defendant, John Keller, was in the employ of the non...

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