Legal Opinion

Alabama Great Southern Ry. Co. v. American Cotton Oil Co.

Court of Appeals for the Fifth Circuit

Decided January 10, 1916No. 2786PublishedCited by 15 opinions

Appeal from the District Court of the United States for the Western Division of the Southern District of-Mississippi; Henry C. Niles, Judge. - . Suit by the Alabama Great Southern Railway Company and others against the American Cotton Oil Company. From a judgment denying an application fqr a temporary injunction, complainants appeal.

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Appeal from the District Court of the United States for the Western Division of the Southern District of-Mississippi; Henry C. Niles, Judge. - . Suit by the Alabama Great Southern Railway Company and others against the American Cotton Oil Company. From a judgment denying an application fqr a temporary injunction, complainants appeal. From the record before the court it appears that the American Cotton Oil Company, appellee, a corporation and citizen of the state of Ohio, brought its declaration in the circuit court of Warren county, Miss., against the appellants. They are the Alabama Great…

1Opinion of the CourtSpeer, District Judge

(after stating the facts as above). [1] Because of the probable recurrence of the question before the court, and others cognate, it has been thought: proper to detail with some care the various facts of the transcript. We inquire, first, is the cause removable ? The law relating to the question before the court is found in subdivision 1 of section 24 of .the Judicial Code, defining the original jurisdiction of the District Court as follows:

“Sec. 24. The District Courts shall have original jurisdiction as follows:
“First. Of all suits of a civil nature, at common law or in equity, brought by…

2Cases cited43 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  4. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  5. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894

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3Cited by15 opinions

  1. Charles D. Bonanno Linen Service, Inc. v. William J. McCarthyCourt of Appeals for the First Circuit · 1983
  2. Frazier v. HinesDistrict Court, E.D. South Carolina · 1919
  3. Bauchelle v. AT & T CORP.District Court, D. New Jersey · 1997
  4. South Carolina State Ports Authority v. Seaboard Air Line RailroadDistrict Court, E.D. South Carolina · 1954
  5. Nelms, Kehoe & Nelms v. DavisDistrict Court, S.D. Texas · 1921

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

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