Perrin

This action was commenced in a Washington state court to recover damages for injury allegedly done to plaintiffs’ crops by fumes from a plant of the defendant Aluminum Company, a Pennsylvania corporation. One Thayer, a resident of Washington, was joined as a defendant. One of the plaintiffs was likewise a resident of that state. The cause was removed to the federal court on petition of the corporate de fendant, buttressed by affidavit, asserting that Thayer was improperly and fraudulently joined. The plaintiffs moved for a remand, supporting their motion by an affidavit that Thayer was the manager in charge of the offending plant, hence had been properly joined. The motion was denied without formal findings.

Thereupon the defendants moved for a dismissal on the ground that the action was barred by a two-year statute of limitations of the State of Washington. Cf. 3 Beale, Conflict of Laws, 1620. This motion was granted and a judgment of dismissal entered. The plaintiffs appealed, asserting error both in the judgment of dismissal and in the denial of their motion to remand, We dismissed the appeal for want of jurisdiction because notice thereof had not been filed within the time…