Legal Opinion

Craig v. Southern Natural Gas Co.

Court of Appeals for the Fifth Circuit

Decided January 27, 1942No. 10074PublishedCited by 10 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Invoking federal jurisdiction on a claim that the suit was between citizens of different states, plaintiff, state tax collector of the State of Mississippi, brought this suit “to collect, on behalf of the State of Mississippi, * * * past due and unpaid privilege taxes, interest and penalties due the State of Mississippi by the defendant.”

The defendant, specially appearing, moved to dismiss because the complaint shows on its face that the State of Mississippi is the real plaintiff and for federal jurisdictional purposes, a state is not a citizen. The district judge…

2Cases cited16 opinions

  1. Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
  2. Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
  3. Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
  4. Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
  5. Louisiana Highway Commission v. FarnsworthCourt of Appeals for the Fifth Circuit · 1935

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. California Ex Rel. McColgan v. BruceCourt of Appeals for the Ninth Circuit · 1942
  2. Lummis v. WhiteCourt of Appeals for the Fifth Circuit · 1980
  3. Olsen v. DoerflerDistrict Court, E.D. Michigan · 1963
  4. Johnson v. Texas Department of CorrectionsDistrict Court, S.D. Texas · 1974
  5. Lummis v. WhiteCourt of Appeals for the Fifth Circuit · 1980

5 more not listed; retrieve them via the Exa API.

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