FEDERAL PROCEDURE-REMOVAL DENIED TO lMPLEADED PARTY UNDER 28 U.S.C. 1441(c)

Plaintiff sued to recover indebtedness of $7000, to foreclose a chattel mortgage, and to enjoin a local bank from permitting the accounts of the debtor to be withdrawn. Defendant then filed a cross-complaint, as authorized by state procedure, against a third party nonresident garnishee to recover damages for breach of contract and money owed in the sum of $35,000. The cross-defendant removed the case to the United States district court. Held, although the cross-complaint stated a separate and independent cause of action, it could not be the basis of removal since 28 U.S.C. §1441 (c) contemplates only the removal of claims joined by the plaintiff.

Sequoyah Feed & Supply Co. v. Robinson, (D.C. Ark. 1951) 101 F. Supp. 680.