99 F. 640 | U.S. Circuit Court for the District of Western Pennsylvania | 1900
This bill was filed in the state court by citizens of New York against the Baltimore & Ohio Bailroad Company, a corporation of Maryland, and the Pittsburgh & Western Bailway Company, a corporation of Pennsylvania. Both complainants and the Baltimore Company are stockholders of the .Pittsburgh Company, the Baltimore Company owning the majority of such stock. After presenting to the state court a bond and petition for removal, the Baltimore ‘Company filed a copy of the record in this court. Complainants now move to remand. This motion is resisted by the Baltimore Company on the ground the bill involves “a controversy which is wholly between citizens of different states, and which can be fully determined as between them.” If such be the fact, it follows this court has jurisdiction, the case was, under the provisions of section 2, Act Aug. 13, 1888, rightfully removed, and the present motion should be denied. It is contended by the Baltimore Company that the question in this bill, to wit, the ownership of certain stock in the