Wallace

Plaintiffs sued defendants in the state court for damages for personal injuries. In compliance with the provisions of the removal statutes (sections 71 and 72, title 28 US CA), defendant The Borden Company of California, Limited,"- a foreign corporation, hereinafter called the defendant company, filed in the state court its petition and bond for removal of the case, asserting that the complaint contains a separable controversy as to it. The state court denied the petition for removal, and thereafter the defendant company made timely filing here of a certified copy of the record, together with a petition for stay of proceedings in the state court on the ground that the cause stands removed to this court.

The crucial question is whether or not the complaint contains a separable controversy. The complaint, paragraph III, alleges: “At all of the times herein mentioned, said defendant, The Borden Company of California, Ltd., a corporation, was, it ever since has been and still is engaged in the manufacture and sale of dairy products in said County of Alameda and elsewhere in said State of California, and in connection with the carrying on of said business, it owned, maintained, ran…