Contracts · MBE-tested
ERNST et al. v. AMERICAN SPIRITS MFG. CO. et al.
114 F. 981·United States Circuit Court for the Southern District of New York·1902
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Opinion
ERNST et al. v. AMERICAN SPIRITS MFG. CO. et al.
(Circuit Court, S. D. New York.
April 28, 1902.)
Remand — Separable Coxtrove rsy.
Where it is doubtful whether or not there is a separable controversy, and citizens of the state are on both sides of the cause, it will be remanded.
Motion to Remand.
A. J. Dittenhoofer, for the motion.
Alexander & Greene, opposed.
[MAJORITY — LACOMBE, Circuit Judge.]
LACOMBE, Circuit Judge.
Waiving all consideration of the presence of Reeves as a plaintiff, — and this court does not find in the cases cited any sufficient ground for disregarding his presence,- — we nevertheless have citizens of New York on both sides of the controversy. As was intimated upon the argument, it is a doubtful question whether or not there is a separable controversy. That being so, the proper course is to remand the cause.