274 F. 237 | D. Mont. | 1921
Plaintiff moves to remand, and at hearing defendant asked leave to amend the petition for removal. The complaint alleges that the Great Northern Railway Company was and
Dike any other process or proceeding, the statutes of amendments sanction its amendment whenever consistent with justice. Kinney v. Association, 191 U. S. 82, 24 Sup. Ct. 30, 48 L. Ed. 103. The rule warrants the amendments proposed, if amendments be necessary. The case is virtually against the United States, which will pay any judgment in favor of plaintiff. Eor the first time, the United States has consented that suits against it may be brought in other courts than its own, but has not denied itself the right of removal in general, if at all. Stark v. Payne (D. C.) 271 Fed. 477.
The instant case applies a principle of removal supported by the Supreme Court, unaffected by its latest decision, cited and to some extent sustained by it; for it continues sanction of amendment in removal.
The motion to remand is denied. No costs.
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