Legal Opinion

Arkansas Southeastern R. v. Union Sawmill Co.

Court of Appeals for the Fifth Circuit

Decided May 30, 1907No. 1,625PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the Western District of Louisiana. This is a suit in equity brought by the Union Sawmill Company, an Arkansas corporation, against the Arkansas Southeastern Railroad Company, a Louisiana corporation. On the 16th of August, 1900, the Union Sawmill Company filed its petition in the Fourth judicial district court of the state of Louisiana against the Summit Lumber Company and the Arkansas Southeastern Railroad Company.

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Appeal from the Circuit Court of the United States for the Western District of Louisiana. This is a suit in equity brought by the Union Sawmill Company, an Arkansas corporation, against the Arkansas Southeastern Railroad Company, a Louisiana corporation. On the 16th of August, 1900, the Union Sawmill Company filed its petition in the Fourth judicial district court of the state of Louisiana against the Summit Lumber Company and the Arkansas Southeastern Railroad Company. The petition contained substantially the same averments and prayers contained in the bill in this case, which will be fully…

1Opinion of the CourtShelby, Circuit Judge

The learned counsel for the appellant cites many authorities bearing on the question raised by the first assignment of error, but we have concluded that it is only necessary to consider and decide the question involved in the second assignment, which we have quoted in the statement.

The complainant — -appellee in this court — the Union Sawmill Company, is an Arkansas corporation, owning large tracts, of timber land in Union parish, La. The defendant — appellant in this court — the Arkansas Southeastern Railroad Company, is a Louisiana corporation, chartered to construct a railroad through…

2Cases cited5 opinions

  1. Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
  2. Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
  3. California v. Southern Pacific Co.Supreme Court of the United States · 1895
  4. Gregory v. StetsonSupreme Court of the United States · 1890
  5. Cabaniss v. Reco Min. Co.Court of Appeals for the Fifth Circuit · 1902

3Cited by11 opinions

  1. Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
  2. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
  3. Orth v. Transit Inv. CorporationCourt of Appeals for the Third Circuit · 1942
  4. Chicago, M., St. P. & P. R. Co. v. Adams CountyCourt of Appeals for the Ninth Circuit · 1934
  5. Associated Oil Co. v. MillerCourt of Appeals for the Fifth Circuit · 1920

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