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BRASWELL v. McGOWAN

No. 78.

32 F.Supp. 678 (1940)

BRASWELL v. McGOWAN et al.

District Court, W. D. Texas, El Paso Division.

April 24, 1940.

Attorney(s) appearing for the Case

Brown & Brooke, of El Paso, Tex., for plaintiff.

Armstrong & Jaffe, of El Paso, Tex., for defendants.

BOYNTON, District Judge.

In the case at bar there exists no diversity of citizenship. Plaintiff and defendants all alleged citizens of the State of Texas. Removal is sought, only, on the ground of existence of a Federal question as in defendants' petition for removal alleged.

No case is removable from a State Court to a United States District Court, on grounds of existence of a Federal question, unless the plaintiff's petition or bill shows by distinct averments...

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