Patrick

June 5, 1933, appellee brought an action in personam in the state court against the Honolulu Oil Corporation, Limited, alleging that he had been employed by that company as an accountant at a salary of $300 per month; that the employment was to continue as long as his work was satisfactory; and that he was discharged without cause, to his damage in the sum of $30,000. The case was removed to the United States District Court by the Oil Company on the ground of diversity of citizenship* and is still pending there. After removal, appellee brought a second action in the state court against the Oil Company, stating the same cause of action, but reducing the damages claimed to $2,500, and joining as defendants with the Oil Company two of its officers, namely, A. C. Mattei and A. C. Diericx. Because of the absence of diversity of citizenship between the litigants and lack of jurisdictional amount, the second case cannot be removed to the federal court.

Upon the filing of the second action, the Oil Company, appellant herein, instituted in the court below a suit in equity to enjoin appellee from proceeding further with the second action filed in the state court, upon the theory that the…