MR. CHIEF JUSTICE WAITE delivered the opinion of the court. After stating the facts as above recited, he continued:
The petition for removal was filed under the last clause of § 2 of the act of 1875, 18 Stat. 471, which is as follows:
"And when in any suit . . . there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the plaintiffs or defendants, actually...
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