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NEW ORLEANS v. BENJAMIN

No. 981.

153 U.S. 411 (1894)

14 S.Ct. 905

38 L.Ed. 764

NEW ORLEANS, v. BENJAMIN.

Supreme Court of United States.

Decided May 14, 1894.

Attorney(s) appearing for the Case

Mr. William A. Maury, Mr. Henry C. Miller, and Mr. E.A. O'Sullivan for the city of New Orleans.

Mr. J.D. Rouse and Mr. William Grant for appellees.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

The first and third questions propounded relate to the jurisdiction of the Circuit Court, which was invoked on two grounds: (1) that the case was one arising under the Constitution of the United States; and (2) on diverse citizenship.

1. When a suit does not really and substantially involve...

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