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SUTTON v. PACIFIC S. S. CO.

No. 8521.

3 F.2d 72 (1924)

SUTTON v. PACIFIC S. S. CO.

District Court, W. D. Washington, N. D.

November 18, 1924.

Attorney(s) appearing for the Case

Egan & Moriarty and Chas. P. Moriarty, all of Seattle, Wash., and Poe, Falknor, Falknor & Emory and De Wolfe Emory, all of Seattle, Wash., for plaintiff.

Grosscup & Morrow, of Seattle, Wash., C. A. Wallace, of Tacoma, Wash., and John Ambler, of Seattle, Wash., for defendant.

NETERER, District Judge (after stating the facts as above).

The petition on removal prima facie fixes the jurisdiction in this court, which continues until it is established to a "legal certainty" that the court is without jurisdiction. Hill v. Walker, 167 F. 241, 92 C. C. A. 633, certiorari denied 214 U.S. 517, 29 S.Ct. 698, 53 L. Ed. 1064, followed by the Circuit Court of Appeals of this circuit in Big Sespe Oil Co. v. Cochran, 276 F. 216. The above is the substance...

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