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SHELLEY v. THE MACCABEES

Civ. No. 20123.

180 F.Supp. 517 (1959)

George SHELLEY, Plaintiff, v. THE MACCABEES, Emile A. Haar, David A. Hersh, Robert E. Morris, R. B. Two-good, R. L. Kester, L. F. Ayer, C. Robert Young, A. F. Devine and Joseph E. Navarre, Defendants.

United States District Court E. D. New York.

November 10, 1959.

Attorney(s) appearing for the Case

Manning, Hollinger & Shea, New York City, for plaintiff. Bruce A. Hecker, Ralph L. Ellis, William Schurtman, New York City, of counsel.

Watters & Donovan, New York City, for defendants, The Maccabees and Emile A. Haar. Francis A. McGrath, Brooklyn, N. Y., Julian Carr, New York City, of counsel.

BRUCHHAUSEN, Chief Judge.

The plaintiff, a citizen of New York, moves for the remand of this action to a State court from which it was removed upon the application of the defendant, The Maccabees, a Michigan corporation.

The said defendant caused its removal to this court, pursuant to 28 U.S.C. § 1441(c), reading as follows:

"Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with...

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