U.S. Court of Appeals for the Sixth Circuit, 1904

Roberts v. Shelby Steel Tube Co.

Roberts v. Shelby Steel Tube Co.
U.S. Court of Appeals for the Sixth Circuit · Decided July 9, 1904
131 F. 729; 65 C.C.A. 589; 1904 U.S. App. LEXIS 4314

Roberts v. Shelby Steel Tube Co.

Opinion of the Court

PER CURIAM.

Reversed and remanded, with directions to remand to the state court. Petition charged concurring acts of negligence of master and servant, and was therefore not a removable case, as presenting a separable controversy between plaintiff and the corporation, and is therefore governed by Chesapeake & Ohio Ry. Co. v. Dixon, 179 U. S. 131, 21 Sup. Ct. 67, 45 L. Ed. 121, and Hunt v. American Bridge Co. (decided by this court at the May session) 130 Fed. 302.

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