W. G. Coyle & Co. v. Stern
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. ' Proceeding by W. G. Coyle & Co. and others against Nathan Stern. From a judgment refusing to remand the cause to a state court, petitioners appeal.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. ' Proceeding by W. G. Coyle & Co. and others against Nathan Stern. From a judgment refusing to remand the cause to a state court, petitioners appeal. W. G. Coyle & Co. on August 10, 1909, filed in the civil district court for the parish of Orleans, La., the following petition for executory process: “The petition of W. G. Coyle & Co., a commercial firm composed of William G. Coyle and Chas. G. Coyle, and doing business in the city of New Orleans, and of Albert P. Shroeder, a resident of the city of New…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). [1] In view of the conclusion reached by the court upon the motion to remand the cause to the state court, it is deemed unnecessary to go into the merits of the controversy. The appellee bases his right to remove the suit on the ground that it is one arising under a law of the United States, and to that phase of the case our attention will be confined.
The principles of law regulating the removal of a suit, as one arising under a law of the United States, are thoroughly established and well recognized, but it frequently becomes difficult to make a proper…
2Cases cited34 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Tennessee v. DavisSupreme Court of the United States · 1880
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
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3Cited by3 opinions
- Harley v. Firemen's Fund Ins.District Court, W.D. Washington · 1913
- Long v. Quinn Bros.Massachusetts Supreme Judicial Court · 1913
- Trullinger v. RosenblumDistrict Court, E.D. Arkansas · 1954