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BOGART v. SOUTHERN PACIFIC COMPANY

No. 165.

228 U.S. 137 (1913)

BOGART, AS EXECUTOR OF LAWRENCE, v. SOUTHERN PACIFIC COMPANY.

Supreme Court of United States.

Decided April 7, 1913.

Attorney(s) appearing for the Case

Mr. H. Snowden Marshall, with whom Mr. James A. O'Gorman, Mr. A.J. Dittenhoefer and Mr. David Gerber were on the brief, for appellants.

Mr. Arthur H. Van Brunt for appellees.

Mr. Tompkins McIlvaine filed a brief for appellee, Metropolitan Trust Company of New York.

MR. JUSTICE DAY delivered the opinion of the court.

This is a direct appeal from a decree of the United States Circuit Court for the Eastern District of New York upon the ground that the jurisdiction of the Circuit Court is in issue under § 5 of the Circuit Court of Appeals Act (March 3, 1891, 26 Stat. 826, c. 517), and a certificate to that effect has been sent to this court.

The suit was originally brought...

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