DEBEVOISE v. RUTLAND RAILWAY CORPORATION

No. 363, Docket 26721.

291 F.2d 379 (1961)

Thomas M. DEBEVOISE, Attorney General of the State of Vermont, and State of Vermont, Appellants, v. RUTLAND RAILWAY CORPORATION, Appellee.

United States Court of Appeals Second Circuit.

Decided June 8, 1961.


Attorney(s) appearing for the Case

Thomas M. Debevoise, Atty. Gen., for State of Vermont (John D. Carbine, Sp. Counsel for State of Vermont, Rutland, Vt., on the brief), for appellants.

Thomas William Lynch, Rutland, Vt. (Donald L. Wallace, New York City, Charles D. Peet, Harry F. Martin, Jr., Clark, Carr & Ellis, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.


LUMBARD, Chief Judge.

The State of Vermont, by its chief legal officer, appeals from a permanent injunction entered by the United States District Court for the District of Vermont, which injunction forbade the State of Vermont to run the Vermont lines of the Rutland Railroad by way of a receivership that had been created by the Rutland County Court of Chancery on the state's petition. Vermont claims that the federal court had no power to remove the case from the state...

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