Young

At the time of argument of this motion to remand, it was stipulated by counsel that the decision of this motion would control the decision of similar motions in No. 18595-L, A. K. Williams, etc., v. Standard Oil Company, and in No. 18596—K, Mary Elizabeth Lee v. Standard Oil Company. The argument was confined entirely to the question as to whether defendant, by its petition for removal and affidavits, has established that defendant William Caldwell, a resident of the state of California, was fraudulently joined to prevent removal to the federal court.

The complaint alleges a good cause of action against the resident defendant, jointly with the nonresident defendant, and it is not contended that these allegations are sham and baseless. It is sought to establish fraud by showing that an earlier action was commenced by plaintiff against the Standard Oil Company alone, which has been removed and is pending in the federal court; that after the removal an abortive attempt to dismiss was made by plaintiffs by filing a dismissal in the state court; that subsequently this action (together with the others mentioned above) was commenced in the state court, based upon the identical facts,…