Legal Opinion

Boykin, Sol. Gen. ex rel. Johnson v. Morris Fertilizer Co.

District Court, N.D. Georgia

Decided April 24, 1919No. 127Published

In Equity. Suit by John A. Boykin, Solicitor General of the State of Georgia, on relation of Linton Johnson and others, against the Morris Fertilizer Company and the Armour Fertilizer Works. On motion to remand to state court.

1Opinion of the Court

NEWMAN, District Judge.

This is a case removed to this court by the Armour Fertilizer Works, a citizen of the state of New Jersey, on the ground of a separable controversy between it and the petitioner, John A. Boykin, who represents himself as acting for and on behalf of the state of Georgia, and it is now heard on a motion to remand on the grounds, first, that it is not a suit between citizens of different states; second, that there is no separable controversy between the plaintiff and the Armour Fertilizer Works; and, third, that the case is not removable, because it is a proceeding to…

2Cases cited2 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Nash v. McNamaraU.S. Circuit Court for the District of Nevada · 1906

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