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ELLIS v. DAVIS

No. 4432.

4 F.2d 323 (1925)

ELLIS et al. v. DAVIS, Agent.

Circuit Court of Appeals, Fifth Circuit.

February 6, 1925.

Attorney(s) appearing for the Case

Elmer L. Lincoln, of Texarkana, Tex., for plaintiffs in error.

John J. King, J. Q. Mahaffey, and J. I. Wheeler, all of Texarkana, Tex., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Plaintiff brought this suit for personal injuries arising in tort in the state court for Bowie county, Tex. On motion of defendant it was removed to the District Court of the United States for the Eastern District of Texas. Thereupon plaintiff moved to remand it to the state court, because the ground of removal set up by defendant — i. e., that it was a suit "arising under the Constitution and laws of the United States" — was...

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