Page:Federal Reporter, 1st Series, Volume 7.djvu/141

 POND V. SIBLBT. 129 �Pond and others ». Siblkt and others. {Circuit Court, 8. J). Nm York. April 21, 1881.) �1. REMOVAL— AcT op Mabch 3, 1875, $ 2, Clause 2. �In a suit to enjoin the execution of a lease by a railroad company, the president and directors are not such necessary and substantial parties as will preyent a remoTal under the second subdivision of sec- tion 2 of the act of March 3, 1875. �2. Bame— Baub. �Where two corporations are both parties to the same controversy, upon the game side, the circuit court cannot assume JTirisdiction, upon s petition for removal, until both corporations hare become parties to the suit. — [Ed. �Motion to Eemand. �David Dudley Field, for plaintiffs. �Joseph H. Choate, for Atlanta Company. �Blatchford, C. J. This is a suit brought in the supreme court of New York. The plaintiff Pond is a citizen of New York. The other plaintiffs, three in numher, are citizens of Maryland. The defendant the Atlanta & Charlotte Air-Line Eailway Company (and which will be called the "Atlanta Company") is a corporation created by the laws of North Carolina, South Carolina, and Georgia. AU of its directors but one are citizens of New York. The defendant Sibley, who is its president, is a director of it, and is a citizen of New York. AU the individual defendants are directors of it. One of the individual defendants, who is a directoi; of it, is a citizen of Maryland. The defendant the Richmond & Dan- ville Railroad Company (and which wUl be called the "Rich- mond Company") is a corporation created by the laws of Virginia. The defendants are the two corporations and all the directors of the Atlanta Company. The cause of action appears from the complaint in the state court. The Atlanta Company owns and operates a line of railway from Atlanta, in Georgia, to Charlotte, in North Carolina. Its principal office and place of business is in New York. AU of its di- rectors but one reside in New York. No director of it resides in North Carolina, South Carolina, or Georgia. The meet- �v.7,no.2— 9 ��� �