JENKINS
v.
KURN ET AL., TRUSTEES

U.S. | 1941-03-10
No. 732
312 U.S. 675 Supreme Court of the United States (1941) Positive Treatment
Cited by 2 cases

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  • Shamrock OIL & GAS Corp. v. Sheets, 313 U.S. 100 (U.S. 1941)
    …the meaning of § 28 of the Judicial Code, and so was not entitled to remove the cause under that section, which in terms authorizes the removal of a suit subject to its provisions only “by the defendant or defendants therein.” We granted certiorari, 312 U. S. 675, to resolve the conflict of the’ decision of the court below and that of Waco Hardware. Co. v. Michigan Stove Co., 91 F. 289; see West v. Aurora City, 6 Wall. 139, with numerous decisions of other circuit courts of appeals. Carson & Rand Lumber Co.,…
  • Jenkins v. Kurn, 313 U.S. 256 (U.S. 1941)
    …Supreme Court of Missouri held that the circuit court should have granted respondents’ motion for a directed [*258] verdict. It reversed the judgment but did not remand the cause for a new trial. 146 Mo. 904; 144 S. W. 2d 76. We granted certiorari, 312 U. S. 675. It is conceded that the action was properly brought under the Federal Employers’ Liability Act. The single question is whether the trial court correctly refused to direct a verdict for respondents. In explanation of its conclusion that the trial…

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