Arkansas v. Kansas & T. Coal Co.
U.S. Circuit Court for the District of Western Arkansas
On Motions to Dismiss and to Restrain Prosecution of Suit in State Court. On April 23, 1899, this cause was brought by the state (at the relation of Jo Johnson, prosecuting attorney for the Twelfth Judicial circuit) in the circuit court of Sebastian county for the Greenwood district, in the state of Arkansas.
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On Motions to Dismiss and to Restrain Prosecution of Suit in State Court. On April 23, 1899, this cause was brought by the state (at the relation of Jo Johnson, prosecuting attorney for the Twelfth Judicial circuit) in the circuit court of Sebastian county for the Greenwood district, in the state of Arkansas. Prom the complaint it appears that both defendant companies are Missouri corporations; that the defendant coal company (hereinafter designated “Coal Company,” for convenience), when the bill was filed, owned and was operating a coal mine at Huntington, in said Greenwood district of…
1Opinion of the CourtRogers, District Judge
(after stating the facts as above). Counsel who filed the motion to dismiss has made no point with reference to the first paragraph of the motion, and it is not necessary to consider it, unless it be intended thereby to raise the question that it does not appear that the amount in controversy exceeds the sum of f2,000. That question is res adjudicata in this court. Humes v. City of Ft. Smith, 93 Fed. 857. See, also, Railroad Co. v. Ward, 2 Black, 485.
It has been held that a state is not a citizen. And under the judiciary acts of the United States it is well settled that a suit between a state…
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