Legal Opinion

Imperial Colliery Co. v. Chesapeake & O. Ry. Co.

U.S. Circuit Court for the District of West Virginia

Decided May 27, 1909No. Nos. 157, 158PublishedCited by 2 opinions

In Equity. On motions to dissolve restraining orders.

1Opinion of the Court

KELLER, District Judge.

These cases are before me upon motions, made under a special appearance by defendants, for the dissolution of the temporary restraining orders heretofore granted, because, “as it appears from the face of the bill, the foundation of the jurisdiction is a federal question, and not diversity of citizenship alone,” and hence that “jurisdiction cannot be entertained * * * except in the district of which the defendant is an inhabitant, and the bill further discloses that the defendant is not an inhabitant of the district where the suit is brought, but a citizen of the state…

2Cases cited5 opinions

  1. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  2. Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
  3. In Re HohorstSupreme Court of the United States · 1893
  4. In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
  5. McCormick Harvesting MacHine Co. v. WalthersSupreme Court of the United States · 1890

3Cited by2 opinions

  1. Bacon v. Federal Reserve BankDistrict Court, E.D. Washington · 1923
  2. Rhodes v. United StatesDistrict Court, W.D. Pennsylvania · 1963

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