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FISHBACK v. WESTERN UNION TELEGRAPH CO.

No. 341.

161 U.S. 96 (1896)

16 S.Ct. 506

40 L.Ed. 630

FISHBACK, v. WESTERN UNION TELEGRAPH COMPANY.

Supreme Court of United States.

Decided March 2, 1896.

Attorney(s) appearing for the Case

Mr. A.H. Garland for appellants. Mr. James P. Clarke and Mr. R.C. Garland were on his brief.

Mr. Rush Taggart for appellee. Mr. John F. Dillon was on his brief.

Mr. Willard Brown, Mr. Charles W. Wells and Mr. U.M. Rose filed a brief for appellee.

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

It is argued that under the averments of the bill the Circuit Court had jurisdiction on two grounds: 1. Diverse citizenship; 2. In that the case made by the bill was one arising under the Constitution and laws of the United States. Even if this were so, the Circuit Court could not take cognizance of the suit unless the matter in dispute...

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