Legal Opinion

Matarazzo v. Hustis

District Court, N.D. New York

Decided March 18, 1919PublishedCited by 33 opinions

At Law. Action by Emilio Matarazzo, as administrator of Raffelo Matarazzo, deceased, against James H. Hustis, as receiver of the Boston & Maine Railroad. On motion by the plaintiff to remand the case from the state court, from which it was removed by defendant.

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At Law. Action by Emilio Matarazzo, as administrator of Raffelo Matarazzo, deceased, against James H. Hustis, as receiver of the Boston & Maine Railroad. On motion by the plaintiff to remand the case from the state court, from which it was removed by defendant. Motion by the plaintiff to remand this cause from the United States District Court of the Northern District of New York, to which court it was removed by the defendant, a citizen and an inhabitant of the state of Massachusetts, to the Supreme Court of the state of New York, Saratoga county, from whence it was removed. The motion is…

1Opinion of the Court

RAY, District Judge.

The plaintiff, Emilio Matarazzo, is, as yet, a citizen and subject of the kingdom of Italy, but now is and for some years has been an actual resident and inhabitant of the county of Sara-*884toga, state of New York. He has applied for citizenship by filing his first papers. He was appointed administrator of the estate of his deceased son, Ruffelo Matarazzo, by the surrogate and Surrogate’s Court of the said county of Saratoga, N. Y., and as such brought this action under the provisions of the New York Code of Civil Procedure to recover damages alleged to have been sustained by…

2Cases cited58 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
  3. Downes v. BidwellSupreme Court of the United States · 1901
  4. Tennessee v. DavisSupreme Court of the United States · 1880
  5. Ex Parte SchollenbergerSupreme Court of the United States · 1878

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3Cited by33 opinions

  1. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  2. Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
  3. Gay v. RuffSupreme Court of the United States · 1934
  4. Barnette v. Wells Fargo Nevada National BankSupreme Court of the United States · 1926
  5. Ruff v. GayCourt of Appeals for the Fifth Circuit · 1933

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