Zumwalt

Appellee Zumwalt began an action in the superior court of the state of California for the county of Placer against Borden’s Capital Dairy Company and Frank Emmons to recover damages for personal injuries allegedly suffered as a consequence of the negligence of the defendants in the operation of a certain truck and trailer. Zumwalt and Emmons are citizens of California.

Thereafter The Borden Company, a New Jersey corporation said to have been sued as Borden’s Capital Dairy Company, took the necessary steps to procure the removal of the cause to the federal court for the Northern District of California, alleging that as to it the complaint involves a separable controversy within the terms of § 28 of the Judicial Code, 28 U.S.C.A. § 71 . The state court denied the petition for removal. The Borden Company then made timely filing in the federal court of a certified transcript of the record and petitioned for a stay of the proceedings in the state court. Having considered the petition, the court below denied the same “on the authority of Wallace et al. v. Borden Co. et al., D.C., 7 F.Supp. 128 .” 1 It *70 is conceded, and an examination of the cited cases shows, that the petition for a…