Baltimore & Ohio R. v. City of Parkersburg - 268 U.S. 35 (1925)


U.S. Supreme Court

Baltimore & Ohio R. v. City of Parkersburg, 268 U.S. 35 (1925)

Baltimore & Ohio Railroad v. City of Parkersburg

No. 305

Argued March 19, 1925

Decided April 13, 1925

268 U.S. 35

Syllabus

1. This Court has not jurisdiction of an appeal from the circuit court of appeals where the jurisdiction of the district court was invoked solely on the ground of diversity of citizenship. P. 268 U. S. 36.

2. A Maryland railway corporation, having purchased at foreclosure the property and franchise of a West Virginia corporation, declaring, pursuant to West Virginia statutes, that it "would become a corporation as to said property" by the name of the West Virginia corporation, and having become also the sole stockholder of the latter, sued a West Virginia municipality to enforce an alleged exemption of the property from taxes. Held, that the district court had no jurisdiction, whether the plaintiff were treated as in effect the West Virginia corporation, suing as property owner, or as the Maryland corporation suing as stockholder, since, in the latter case, the West Virginia corporation would be an indispensable party plaintiff, and in either case diversity of citizenship would be lacking. P. 268 U. S. 38.

296 F. 74 reversed.

Review of a decree of the circuit court of appeals which reversed a decree of the district court in favor of the railroad in a suit to enjoin the city from levying taxes on certain railroad property. The writ of certiorari was granted.

Page 268 U. S. 36



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