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SMYTH v. ASPHALT BELT RY.

No. 206.

267 U.S. 326 (1925)

45 S.Ct. 242

69 L.Ed. 629

SMYTH ET AL. v. ASPHALT BELT RAILWAY COMPANY ET AL.

Supreme Court of United States.

Decided March 2, 1925.

Attorney(s) appearing for the Case

Mr. Robert H. Kelly, with whom Mr. T.W. Gregory and Mr. Frank Andrews were on the brief, for appellants.

Mr. Mason Williams and Mr. J.D. Wheeler, with whom Mr. R.J. Boyle and Mr. G.W. Wharton were on the brief, for appellees.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This is an appeal from a decree of the federal court for western Texas which dismissed a bill in equity with costs. There was a full hearing upon pleadings and evidence. The plaintiffs had moved for an interlocutory injunction; the defendants to dismiss the bill. 292 Fed. 876. The decree recited, as the ground for dismissal, "that the court is without jurisdiction." The plaintiff took an appeal to the Circuit...

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