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Kloeb v. Armour & Co., 311 U.S. 199 (1940)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kloeb v. Armour & Co., 311 U.S. 199 (1940)
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Kloeb v. Armour & Company No. 65 Submitted November 18, 1940 Decided December 9, 1940 311 U.S. 199
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Sections 71 and 80, Title 28 U.S.C. were designed to prevent delay over orders remanding causes. They entrust determination to the informed judicial discretion of the District Court, and cut off review. P. 204.
2. A state Supreme Court, basing its determination exclusively on the allegations of a petition to remove, and concluding therefrom that the cause involved a separable controversy between citizens of different States, directed removal. The federal District Court, basing its determination on the entire record, including new facts, found that there was no separable controversy and that the plaintiff was an alien, and remanded the cause. Held:
(1) The District Court acted within its jurisdiction, pursuant to §§ 71 and 80, Title 28, U.S.C. P. 204.
(2) The order of remand was not reviewable by the Circuit Court of Appeals. P. 205.
109 F.2d 72 reversed.
Certiorari, 310 U.S. 621, to review orders of the court below, in mandamus proceedings, which directed the District Court to set aside remands in five separate actions.
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Chicago: U.S. Supreme Court, "Syllabus," Kloeb v. Armour & Co., 311 U.S. 199 (1940) in 311 U.S. 199 311 U.S. 200. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WW1VKWM3UG6RGB6.
MLA: U.S. Supreme Court. "Syllabus." Kloeb v. Armour & Co., 311 U.S. 199 (1940), in 311 U.S. 199, page 311 U.S. 200. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WW1VKWM3UG6RGB6.
Harvard: U.S. Supreme Court, 'Syllabus' in Kloeb v. Armour & Co., 311 U.S. 199 (1940). cited in 1940, 311 U.S. 199, pp.311 U.S. 200. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WW1VKWM3UG6RGB6.
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