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ALVEY v. SEARS, ROEBUCK & COMPANY

No. 11615.

162 F.Supp. 786 (1958)

Elva ALVEY, Plaintiff, v. SEARS, ROEBUCK & COMPANY, a corporation, and Gene Franklin, Defendants.

United States District Court W. D. Missouri, W. D.

June 9, 1958.

Attorney(s) appearing for the Case

Popham, Thompson, Popham, Mandell & Trusty, Kansas City, for plaintiff.

Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, for defendants.

R. JASPER SMITH, District Judge.

Plaintiff filed motion to remand attacking the sufficiency of defendants' removal petition, and thereafter defendants filed motion to amend the petition for removal to insert an allegation of so-called fraudulent joinder. The notice of filing of the removal petition was filed in this Court February 25, 1958. The petition for removal simply recites that there was diversity of citizenship...

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