U.S. Circuit Court for the District of Southern New York, 1902

Ernst v. American Spirits Mfg. Co.

Ernst v. American Spirits Mfg. Co.
U.S. Circuit Court for the District of Southern New York · Decided April 28, 1902 · Lacombe
114 F. 981; 1902 U.S. App. LEXIS 4895
Ernst v. American Spirits Mfg. Co.

Opinion of the Court

LACOMBE, Circuit Judge.

Waiving all consideration of the presence of Reeves as a plaintiff, — and this court does not find in the cases cited any sufficient ground for disregarding his presence,- — we nevertheless have citizens of New York on both sides of the controversy. As was intimated upon the argument, it is a doubtful question whether or not there is a separable controversy. That being so, the proper course is to remand the cause.

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