Cole

I

The Bias and Prejudice Which Disqualifies

A. How the Question Arises:

On January 7, 1948, the plaintiff, Lester Cole, filed in the Superior Court of the State of California, for Los Angeles County, an action for declaratory and general equitable relief. California Code of Civil Procedure, Secs. 1060, 1061. On January 26, 1948, Loew’s Inc., the defendant, filed a petition to remove the cause to the United States District Court for the Southern District of California, under the diversity statutes. 28 U.S.C.A. § 41 (1) (b); 28 U. S.C.A. § 71.

These are the familiar sections which permit civil actions in which the matter in controversy exceeds the sum or value of three thousand dollars, and which is between citizens of different States to be removed to the Federal court, when the defendant is of different citizenship than the plaintiff. Corporations organized in one State and doing business in another, when sued by citizens of the State where their business is located, are thus enabled to have their causes tried in the Federal instead of the State Courts.

The defendant, being a Delaware corporation, was entitled to have the cause removed.

An Order of Removal was made on…