Warner v. Dunmyer, 7749.
| Decision Date | 12 September 1952 |
| Docket Number | No. 7749.,7749. |
| Citation | 108 F. Supp. 757 |
| Parties | WARNER v. DUNMYER et al. |
| Court | U.S. District Court — Western District of Missouri |
Kuraner, Freeman & Kuraner, Kansas City, Mo., for plaintiff.
Rogers, Field & Gentry, Kansas City, Mo., for defendant.
The defendant Transamerican Freight Lines, Inc., has not filed any brief or statement in opposition thereto.
Apparently it is the established rule that all defendants must join in a petition for removal in an action of this kind, and two of the defendants having failed to do so, the motion is sustained and the cause is hereby remanded to the Circuit Court of Jackson County, Missouri.
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2 cases
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Hart-Bartlett-Sturtevant Grain Co. v. Aetna Ins. Co., 7736.
...in a joint cause of action, or even a separable cause of action, all of the parties must join in a petition for removal, Warner v. Dunmyer, D.C., 108 F.Supp. 757, but where a separate cause of action exists as between the various defendants, that rule does not apply under § 1441(c) The cert......