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SMITH v. DEALERS TRANSIT, INC.

Civ. A. Nos. 1818, 1819.

239 F.Supp. 605 (1965)

Calvin C. SMITH, Plaintiff, v. DEALERS TRANSIT, INC., and John Serafin, Defendants. Mrs. Louise SMITH, Plaintiff, v. DEALERS TRANSIT, INC., and John Serafin, Defendants.

United States District Court E. D. Tennessee, Northeastern Division.

February 4, 1965.

Attorney(s) appearing for the Case

Hyder & Jenkins, Rogersville, Tenn., J. Edward Hyder, Rogersville, Tenn., of counsel, for plaintiffs.

Brantley Blue, Kingsport, Tenn., for defendants.

NEESE, District Judge.

These actions were removed to this court from a state court as diversity actions. At the pretrial conference, as it is required to do, McNutt v. General Motors Acceptance Corp. (1936), 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135, 1141 (headnote 3), this Court began considering whether the jurisdiction of the state court was ever divested.

Removal statutes must be strictly construed. "* * * The power reserved...

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