Ohio ex rel. Seney v. Swift
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Suit by the State of Ohio, on the relation of Allen J. Seney, Prosecuting Attorney of Lucas County, Ohio, against Swift & Co. and another, begun in the state court, and removed by the named defendant into the United States District Court. From a decree dismissing the original petition, relator appeals.
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Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Suit by the State of Ohio, on the relation of Allen J. Seney, Prosecuting Attorney of Lucas County, Ohio, against Swift & Co. and another, begun in the state court, and removed by the named defendant into the United States District Court. From a decree dismissing the original petition, relator appeals. Stations 6.390-6402 of the Ohio General Code constitute what is known as the Valentine Anti-Trust Act. It was originally passed in 1898. Section 6391 defines a…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). Upon this statement of facts, it is too clear for doubt that these Ohio laws could have no application to this property, which had remained in cold storage in the state only as an incident to its lawful interstate transportation, and that Swift & Co. was entitled to its immediate return. Indeed, relator now and here makes no contention to the contrary, but accepts the consequences of his deliberate election to stand upon the question of jurisdiction of the court below, and to refuse to file a reply or to litigate the merits of the case made by Swift & Co.…
2Cases cited28 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
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- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
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- Greene v. Louisville & Interurban RailroadSupreme Court of the United States · 1917
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3Cited by25 opinions
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