Louisville & Nashville R. Co. v. Western Union Tel. Co.
237 U.S. 300 (1915)

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U.S. Supreme Court

Louisville & Nashville R. Co. v. Western Union Tel. Co., 237 U.S. 300 (1915)

Louisville & Nashville Railroad Company v.

Western Union Telegraph Company

No. 183

Argued March 9, 1915

Decided April 12, 1915

237 U.S. 300


Where the jurisdiction of the district court to which the case is removed from the state court depends entirely upon diverse citizenship, the judgment of the circuit court of appeals is final under § 128, Jud.Code.

Where the foundation of the right claimed is a state law, the suit to assert it arises under that law, nonetheless because it has attached a condition that only federal legislature can fulfil; such a case is not one arising under the law of the United States under § 24, Jud.Code.

Where a proceeding brought by a telegraph company, permitted to operate within the state, against a railroad company, to acquire rights by judgment expropriation which is based on the state statute, is removed to the district court on account of diverse citizenship,

Page 237 U. S. 301

the case is not one arising under the law of the United States simply because the telegraph company in its bill alleged that it had accepted the provisions of the federal Post Road and Telegraph Act of July 4, 1866.

Writ of error to review 203 F. 1022 dismissed.

The facts, which involve the jurisdiction of this Court to review judgments of the circuit court of appeals and the finality of such judgments under § 128, Judicial Code, are stated in the opinion.

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