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PHELPS v. OAKS

117 U.S. 236 (1886)

PHELPS & Others v. OAKS & Others.

Supreme Court of United States.

Decided March 15, 1886.

Attorney(s) appearing for the Case

Mr. S.B. Ladd (Mr. J.D. Strong, Mr. C.A. Mosman, and Mr. H.K. White were with him) for plaintiffs in error.

Mr. Charles W. Hornor (Mr. S.S. Brown, Mr. H. Ramey, and Mr. J.F. Harwood were with him) for defendants in error.

MR. JUSTICE MATTHEWS delivered the opinion of the court. After stating the case as above reported, he continued:

That the cause when removed from the State to the Circuit Court was rightly removed is not denied. Under the Removal Act of 1875, the plaintiffs were authorized to remove their action, although brought by them in the first place in the State court, into the Circuit Court of the United States, they being citizens...

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