109 F. Supp. 93 | N.D. Tex. | 1952
This suit was filed in a State court by the plaintiff Baker, a citizen of Texas, against the defendants Texas Employers Insurance Association, a corporate citizen of Texas,, and Employers Mutual Liability Insurance Company of Wisconsin, a corporate citizen of Wisconsin, to recover compensation for personal injuries sustained while at work either for an employer insured by the first named defendant or else for an employer insured by the second named defendant, and sought judgment in the alternative against the one or the other of the said defendants. The foreign corporate defendant removed the case to this court. The domestic corporate defendant has filed a motion to dismiss for lack of jurisdiction.
Obviously the case was not removable unless the removing defendant has been sued on “a separate and independent claim or cause of action” as required by U.S.C.A., Title 28, § 1441(c). The plaintiff’s claim or cause of action is referable to 'his alleged compensable injuries. It is clearly a single cause of action. He does not demand in any event several nor any kind of co-existing judgments against the respective defendants. On the contrary it is evident he can recover if at all only against one of the
The pending motion is for dismissal, but that would be unjustified and instead the case will be remanded to the State court.