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FINE v. PHILIP MORRIS, INC.

239 F.Supp. 361 (1964)

Andrew M. FINE, Jr., Plaintiff, v. PHILIP MORRIS, INC., R. J. Reynolds, Inc., American Tobacco Inc., Liggett & Myers Tobacco Co., Inc., P. Lorillard Co., Inc.; Leo Burnett Co., Inc., Hill & Knowlton, Inc., Tobacco Institute, Inc., and W. T. Hoyt, Executive Director of the Council for Tobacco Research— U.S.A., an unincorporated association, formerly known as Tobacco Industry Research Committee, Defendants.

United States District Court S. D. New York.

On Reargument December 22, 1964.

Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan & Law, New York City, for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, New York City, for Philip Morris, Inc.

Chadbourne, Parke, Whiteside & Wolff, New York City, for American Tobacco, Inc.

Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City, for Liggett & Myers Tobacco Co., Inc.

Perkins, Daniels & McCormack, New York City, for P. Lorillard Co., Inc.

Eugene J. T. Flanagan, New York City, for Leo Burnett Co., Inc.

Simpson, Thacher & Bartlett, New York City, for Hill & Knowlton, Inc.

Weil, Gotshal & Manges, New York City, for Tobacco Institute, Inc.

Clark, Carr & Ellis, New York City, for The Council for Tobacco Research — U.S.A.

McLEAN, District Judge.

This action was begun in the Supreme Court, New York County. Defendants removed it to this court, claiming that the action is removable under 28 U.S.C. § 1441(b), or, in the alternative, under 28 U.S.C. § 1441(c). Plaintiff moves to remand.

The complaint is 70 pages in length. It contains 29 separately stated "causes of action." Each cause of action begins by realleging all the paragraphs of the complaint which have preceded...

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