MR. JUSTICE HARLAN delivered the opinion of the court. After stating the facts in the language reported above, he continued:
As all the parties to this suit are citizens of the State of Colorado the Circuit Court was without jurisdiction, unless the suit is one arising under the Constitution or laws of the United States. It is not clear upon what precise ground the plaintiff contends that the suit belongs to that class. We suppose his claim to be that when the Territory...
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