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Bushnell v. Crooke Mining & Smelting Co., 148 U.S. 682 (1893)

Bushnell v. Crooke Mining and Smelting Company

No. 195

Argued and submitted April 4-5,1893

Decided April 17, 1893

148 U.S. 682


A federal question, suggested for the first time in a petition for a rehearing after judgment in the highest court of a state, is not properly raised so as to authorize this court to review the decision of that court.

The decision in the state court in this case clearly presented no federal question, as no right, immunity or authority under the Constitution or laws of the United States was set up by the plaintiffs in error or denied by the Supreme Court of the State, nor did the judgment of the latter court necessarily involve any such question or the denial of any such right.

Page 148 U. S. 683

Motion to dismiss. The case is stated in the opinion.

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