Legal Opinion

Warfield v. Marks Marks v. Warfield

Court of Appeals for the Fifth Circuit

Decided July 7, 1951No. 13536_1PublishedCited by 14 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This is an action seeking, inter alia, to cancel a consent decree in a cause in the Chancery Court of Adams County, Mississippi. Federal jurisdiction is predicated solely upon diversity of citizenship, but it appears upon the face of the complaint that one of the plaintiffs, Mary Cook Smith, is a citizen of Ohio; and that one of the defendants, Sohio Petroleum Company, is an Ohio corporation. Prima facie, this is sufficient to defeat federal jurisdiction. Realizing this, after being confronted with a motion to dismiss their suit for want of jurisdiction, the plaintiffs…

2Cases cited17 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Barney v. Baltimore CitySupreme Court of the United States · 1868
  3. Torrence v. SheddSupreme Court of the United States · 1892
  4. Mallow v. HindeSupreme Court of the United States · 1827
  5. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Underwood v. MaloneyCourt of Appeals for the Third Circuit · 1958
  2. Nathaniel P. Broussard v. Columbia Gulf Transmission CompanyCourt of Appeals for the Fifth Circuit · 1968
  3. Ward v. Louisiana Wild Life and Fisheries CommissionDistrict Court, E.D. Louisiana · 1963
  4. Richard H. Clinton v. International Organization of Masters, Mates & Pilots of America, Inc.Court of Appeals for the Ninth Circuit · 1958
  5. Flaherty v. McDonaldDistrict Court, S.D. California · 1959

9 more not listed; retrieve them via the Exa API.

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