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COLEMAN v. A & D MACHINERY CO.

Civ. S-1030.

298 F.Supp. 234 (1969)

Marvin COLEMAN, Plaintiff, v. A & D MACHINERY CO., Inc., a Nevada corporation, et al., Defendant. A & D MACHINERY CO., Inc., a Nevada corporation, Cross-complainant, v. Marvin COLEMAN, individually and dba as C & M Construction Co., Leo L. Davis, Inc., Garwood Industries, a corporation, Doe I through Doe X, inclusive, Cross-defendants.

United States District Court E. D. California.

March 26, 1969.

Attorney(s) appearing for the Case

Beverly & Riley, South Lake Tahoe, Cal., for defendant and cross-complainant.

Max H. Hoseit, Sacramento, Cal., Leavy & Graf, South Lake Tahoe, Cal., for plaintiff and cross-defendant.

John J. Hannegan, Vigfus A. Asmundson, Diepenbrock, Wulff & Plant, Sacramento, Cal., for cross-defendant Garwood Industries.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

This is a motion for remand of this action to the state court under 28 U.S.C. § 1447(c); it had been previously removed to this court under 28 U.S.C. § 1441(c). At issue are the removal rights of third party defendants.

The pertinent facts are as follows. Plaintiff Marvin Coleman sued A & D Machinery for breach of warranty in the sale of a trencher (construction machine). A & D Machinery...

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