Bauman v. Union Pac. R.

U.S. Circuit Court

Bauman v. Union Pac. R.

2 F. Cas. 1043, 3 Dill. 367

United States Circuit Court·Decided July 1, 1875·Published

Opinion

MILLER, Circuit Justice.

The petition alleges that the plaintiff is a citizen of the state of Nebraska, and that the defendant is a corporation created by and existing under the laws of the United States; and the question is whether it is suable in this court by a citizen of the state of Nebraska. Under the charter of the defendant company, I have heretofore held that it was suable in this court by a citizen of another state,—Smith v. Union Pac. R. Co., [Case No. 13,121,]—and I am of opinion, on consideration of the provisions of the charter, that it may sue and bo sued in this district, without reference to the citizenship of the adverse party—[Act July 1, 1862;] 12 Stat. 489.

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MILLER, Circuit Justice.

The petition alleges that the plaintiff is a citizen of the state of Nebraska, and that the defendant is a corporation created by and existing under the laws of the United States; and the question is whether it is suable in this court by a citizen of the state of Nebraska. Under the charter of the defendant company, I have heretofore held that it was suable in this court by a citizen of another state,—Smith v. Union Pac. R. Co., [Case No. 13,121,]—and I am of opinion, on consideration of the provisions of the charter, that it may sue and bo sued in this district, without reference to the citizenship of the adverse party—[Act July 1, 1862;] 12 Stat. 489.

Bauman v. Union Pac. R., 2 F. Cas. 1043, 3 Dill. 367 (uscirct 1875).

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2 F. Cas. 1043 (Bauman v. Union Pac. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.