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SHEETS v. SHAMROCK OIL & GAS CORPORATION

No. 9568.

115 F.2d 880 (1940)

SHEETS et al. v. SHAMROCK OIL & GAS CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.

Attorney(s) appearing for the Case

Ben P. Monning and E. Byron Singleton, both of Amarillo, Tex., for appellants.

W. M. Sutton, of Amarillo, Tex., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

We are met at the threshold of this case with a question of removal jurisdiction. It is whether or not a counterclaim set up by the defendant in a state court, filed by way of defense and for affirmative relief, is a suit which is removable by the plaintiff and cross-defendant under Section 28 of the Judicial Code.1 The court below answered this question affirmatively, and overruled a motion to remand. From a final...

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