Blackwell's Durham Tobacco Co. v. American Tobacco Co.
Supreme Court of North Carolina
PetxtioN and Motion of the defendants, The American Tobacco Company and Blackwell’s Durham Tobacco Company, for the removal of this cause to the Circuit Court of the United States for the Eastern District of North Carolina, beard before bis Honor, Moore, Jat tbe August Term, 1906, of tbe Superior Court of Durham County.
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PetxtioN and Motion of the defendants, The American Tobacco Company and Blackwell’s Durham Tobacco Company, for the removal of this cause to the Circuit Court of the United States for the Eastern District of North Carolina, beard before bis Honor, Moore, Jat tbe August Term, 1906, of tbe Superior Court of Durham County. Plaintiff, Blackwell’s Durham Tobacco Company, a domestic corporation, sues tbe defendants, tbe American Tobacco Company (of New Jersey), tbe Blackwell’s Durham Tobacco Company (of New Jersey), both foreign corporations, and G-. W. Watt's, a resident and citizen of Durham, N.…
1Opinion of the Court
CoNNOR., J.,
after stating the case: It appeared in the record that, upon the original complaint, a petition for removal was filed and in some way, without .any order to that effect, a transcript of the record was docketed in the Circuit Court. Thereafter an order was made by his Honor, Judge Pritchard, remanding the record because of the irregular manner in which it was docketed. Thereafter, the plaintiff made defendant Watts a party defendant 'and filed an amended complaint. The present petition for removal was thereupon filed, and it is conceded by all parties that it is upon the amended…
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