STATE v. F. W. WOOLWORTH CO.

No. 11.

30 F.Supp. 410 (1939)

STATE ex rel. WARREN, Treasurer, v. F. W. WOOLWORTH CO.

District Court, W. D. Missouri, W. D.

November 11, 1939.


Attorney(s) appearing for the Case

Joseph J. Shy and Richard C. Ashby, both of Chillicothe, Mo., for plaintiff.

Davis & Davis, of Chillicothe, Mo., for defendant.


OTIS, District Judge.

The prime question presented by the motion to remand is whether the cause removed from the state court is a "suit of a civil nature, at law or in equity" within the meaning of that phrase in Section 71, Title 28, U.S.C. 28 U.S.C.A. § 71. Plaintiff's contention is that the suit is criminal in its nature and not removable.

The characteristics of the suit will be understood best if its statutory background is described. The background...

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