IN RE METROPOLITAN TRUST CO.

No. 12, Original.

218 U.S. 312 (1910)

IN RE METROPOLITAN TRUST COMPANY OF THE CITY OF NEW YORK.

Supreme Court of United States.

Restored for oral argument May 31, 1910.

Argued October 11, 1910.

Decided November 14, 1910.


Attorney(s) appearing for the Case

Mr. Tompkins McIlvaine, with whom Mr. Henry B. Closson was on the brief, for petitioner.

Mr. J. Aspinwall Hodge, appearing by appointment of Judge Ward, United States Circuit Judge, in opposition to the applications.


Restored to the docket for oral argument May 31, 1910.

MR. JUSTICE HUGHES, after making the foregoing statement, delivered the opinion of the court.

When the complainant moved to remand the cause the Circuit Court had jurisdiction to determine whether or not a separable controversy existed which justified the removal from the state court. Its decision was an act within its judicial authority, subject to review upon...

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