Shamrock Oil & Gas Corp. v. Sheets
Supreme Court of the United States
1Opinion of the CourtJustice Stone
Respondent, a citizen of Texas and defendant in a court of that state, set up by way of counterclaim or cross-action against petitioner, the non-citizen plaintiff in’the suit, a cause of action for damages in excess of $3,000 for breach of a contract, which was separate and distinct from the alleged indebtedness sued upon by the petitioner. The question for decision is whether the suit in which the counterclaim is filed, is one removable by the plaintiff to the federal district court on grounds of diversity of citizenship under § 28 of the Judicial Code, 28 U. S. C. § 71.
The plaintiff in the…
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