Ronson Art Metal Works, Inc. v. Hilton Lite Corp.

Plaintiff filed its, complaint in the Superior Court of the State of California, in and for the City- and County of San Francisco, on August 2L 1952, against several persons mentioned by name as defendants and against several persons sued fictitiously as Does. On. September 4th, all the defendants mentioned by name filed petition *692 for removal to this District Court. A motion by plaintiff to remand to the state court is now before, this court. ■ ' ■

Plaintiff is a New Jersey corporation, and all the defendants reside in the State of California, so; the matter of diversity of citizenship is not an issue.

The first question to be’ considered is this: If this complaint were filed originally in the United States District Court, would a motion to dismiss be granted on the ground that no federal question is involved’? If the answer is in the affirmative, then plaintiff’s motion to remand should be granted; if in the negative, then we have a second matter to consider.

There are certain cases. which may be filed in the state court -without removal to the federal court even when a federal question is involved. The second question is this: Does this case come- under that category? If…