
    ERNST et al. v. AMERICAN SPIRITS MFG. CO. et al.
    (Circuit Court, S. D. New York.
    April 28, 1902.)
    Remand — Separable Coxtrove rsy.
    Where it is doubtful whether or not there is a separable controversy, and citizens of the state are on both sides of the cause, it will be remanded.
    Motion to Remand.
    A. J. Dittenhoofer, for the motion.
    Alexander & Greene, opposed.
   LACOMBE, Circuit Judge.

Waiving all consideration of the presence of Reeves as a plaintiff, — and this court does not find in the cases cited any sufficient ground for disregarding his presence,- — we nevertheless have citizens of New York on both sides of the controversy. As was intimated upon the argument, it is a doubtful question whether or not there is a separable controversy. That being so, the proper course is to remand the cause.  