HITCHMAN COAL & COKE COMPANY, APPELLANT AND PETITIONER,
v.
JOHN MITCHELL, INDIVIDUALLY, ET AL.
Per Curiam.
(1) Appeal dismissed for want of jurisdiction upon the authority of Shulthis v. McDougal, 225 U. S. 561, 569; Omaha Electric Light & Power Co. v. Omaha, 230 U. S. 123; St. Anthony Church v. Pennsylvania R. R., 237 U. S. 575, 576-577.
(2) Considering the petition for certiorari hitherto filed and upon which action was previously postponed until the merits of the case came to be disposed of, it is ordered that the said petition be, and the same is granted, the record on appeal to stand as a return to the writ of certiorari. It is further ordered that the case on the return to the writ of certiorari be placed on the docket for argument before a full' bench.
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Hitchman Coal & Coke Co. v. Mitchell, 245 U.S. 229 (U.S. 1917)…issed, as the jurisdiction of [*265] the Circuit (District) Court was rested wholly upon diversity of citizenship, plaintiff being a corporation organized under the laws of West Virginia and all the defendants citizens and residents of other States. 241 U. S. 644. A writ of certiorari was granted, however, March 13, 1916. The case was argued at that term and a reargument was ordered. The District Court held that the United Mine Workers of America with its subordinate branches constitutes an unlawful organiz…1 / 2
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Silkworth v. United States, 10 F.2d 711 (2d Cir. 1926)…ation and indispensable to its execution. Acts and statements of one party, carrying into effect a purpose upon which he is engaged in common with others, are admissible against his fellow 'collaborators. [*720] Hitchman Coal & Coke Co. v. Mitchell, 241 U. S. 644, 36 S. Ct. 450, 60 L. Ed. 1218; Hamburg-American Steam Packet Co. v. United States, 250 F. 747, 163 C. C. A. 79; Pennacchio v. United States (C. C. A.) 263 F. 66. [13,14] There is little doubt that the firm •and its clerk, Romm, were obviously and…
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Eagle Glass & Mfg. Co. v. Rowe, 245 U.S. 275 (U.S. 1917)…etition for writ of certiorari. The decision upon the petition was postponed. It is clear that the appeal must be dismissed, as the jurisdiction of the District Court rests wholly upon diversity of citizenship. Hitchman Coal & Coke Co. v. Mitchell, 241 U. S. 644. The petition for certiorari having been granted, the decree should, in my opinion, be affirmed for the reasons stated by the Circuit Court of Appeals and in the dissent in Hitchman Coal & Coke Co. v. Mitchell, ante, 229. Mr. Justices Holmes and Mr…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shulthis v. McDougal, 225 U.S. 561 (U.S. 1912)
- Roman Catholic Church of ST. Anthony of Padua v. The Pa. R.R. Co., 237 U.S. 575 (U.S. 1915)
- Omaha Elec. Light & Power Co. v. City of Omaha, 230 U.S. 123 (U.S. 1913)