Fitzgerald v. Missouri Pac. Ry. Co.
U.S. Circuit Court for the District of Nebraska
In Equity. Removal from state court.
1Opinion of the CourtCaldwell, J.
This cause was removed by the defendant the Missouri Pacific Railway Company from the state court into this court. The questionnow to be considered is whether it was properly removed. The suit is brought by the plaintiff as a stockholder in the defendant corporation the Fitzgerald & Mallory Construction Company, hereafter designated as the “Construction Company,” on behalf of himself and all other stockholders of that company, to compel an accounting between that company and the defendant the Missouri Pacific Railway Company.
The railway company sets up two grounds for removal, — diverse…
2Cases cited18 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Muller v. DowsSupreme Court of the United States · 1876
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
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3Cited by36 opinions
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
- Johnson v. Wells, Fargo & Co.U.S. Circuit Court for the District of Northern California · 1899
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- California Oil & Gas Co. of Arizona v. MillerU.S. Circuit Court for the District of Southern California · 1899
31 more not listed; retrieve them via the Exa API.