Bryant Bros. v. Robinson
Court of Appeals for the Fifth Circuit
Appeal from the .Circuit Court of the United States for the Northern District of Texas. This suit was begun by the plaintiff, Bryant Bros.
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Appeal from the .Circuit Court of the United States for the Northern District of Texas. This suit was begun by the plaintiff, Bryant Bros. Company, a corporation organized under the laws of Texas, filing its petition in a district court of Dallas county, Tex., against the defendant, D. A. Robinson, the duly qualified and acting postmaster of Dallas, Tex.' The petition was verified by plaintiff’s affidavit, and its allegations are substantially as follows: That plaintiff was engaged in the business of selling a mineral rod, which was a legitimate article of commerce, and which had been…
1Opinion of the CourtShelby, Circuit Judge
(after making the foregoing statement of the case).
We first consider the assignment that the court erred in refusing to remand the cause to the state court. The petition beginning the suit in the state court shows that it was brought against the defendant “as the duly qualified and acting postmaster at Dallas, Tex.” The relief sought is against certain official acts of the postmaster performed by him under the orders and directions of the Postmaster General. It is a suit against an officer of the United States, and the official character of the defendant appears from the plaintiff’s petition.…
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