Ernst v. American Spirits Mfg. Co.

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

Ernst v. American Spirits Mfg. Co.

114 F. 981, 1902 U.S. App. LEXIS 4895

CourtU.S. Circuit Court for the District of Southern New York

DecidedApril 28, 1902

StatusPublished

This text of 114 F. 981 (Ernst v. American Spirits Mfg. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ernst v. American Spirits Mfg. Co., 114 F. 981, 1902 U.S. App. LEXIS 4895 (circtsdny 1902).

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Opinion

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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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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Bluebook (online)

114 F. 981, 1902 U.S. App. LEXIS 4895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernst-v-american-spirits-mfg-co-circtsdny-1902.