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AYRES v. WISWALL

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112 U.S. 187 (1884)

5 S.Ct. 90

28 L.Ed. 693

AYRES & Others, v. WISWALL & Others.

Supreme Court of United States.

Decided November 10, 1884.

Attorney(s) appearing for the Case

Mr. John F. Dillon and Mr. John Atkinson for appellants.

Mr. J.H. McGowan and Mr. W.T. Mitchell for appellees.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court. He stated the facts in the foregoing language, and continued:

The 5th section of the act of March 3, 1875, makes it the duty of the Circuit Court of the United States to remand a cause which has been removed from a State court when it shall appear to the satisfaction of the court, at any time after the suit has been removed, that such suit does not really and substantially involve a dispute or controversy...

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