FELKINS
v.
TRANSCONTINENTAL BUS SYSTEM, INC. ET AL.
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The court held that the removal of the action to federal court was improper because no separate and independent claim was alleged against the removing defendants.
Plaintiff brought a wrongful death action in state court against multiple defendants, including Transcontinental and its insurer. Transcontinental and…
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PER CURIAM.
Felkins brought this action against Transcontinental Bus System, Inc., and Zurich General Accident and Liability Insurance Company, Ltd., its insurance carrier; Fred Dailey and Hartford Accident and Indemnity Company, his insurance carrier; Arthur B. Ballah, Jr., and Fireman’s Fund Indemnity Company, his insurance carrier; and George R. Henry, in the District Court of Sedgwick County, Kansas, to recover damages for the wrongful death of the mother of Felkins. Transcontinental and Zurich removed the action to the United States District Court for the District of Kansas under 28 U.S.C.A. § 1441(c). From a judgment in favor of Transcontinental and Zurich, Felkins has appealed.
We are of the opinion that a separate and independent claim or cause of action was not alleged against Transcontinental and Zurich, and that the action was improperly removed. Willoughby v. Sinclair Oil & Gas Co., et al., 10 Cir., 188 F. 2d 902; Snow v. Powell, 10 Cir., 189 F. 2d 172; American Fire and Casualty Co. v. Finn, 341 U.S. 6, 71 S.Ct. 534.
. Accordingly, the cause is remanded, with instructions to vacate the judgment and remand the action to the state court. The mandate will issue forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Am. Fire & Cas. Co. v. Finn, 341 U.S. 6 (U.S. 1951)
- Willoughby v. Sinclair OIL & GAS Co., 188 F.2d 902 (10th Cir. 1951)
- Snow v. Powell, 189 F.2d 172 (10th Cir. 1951)