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Omaha Electric Light & Power Co. v. Omaha, 230 U.S. 123 (1913)

Omaha Electric Light & Power Co. v. City of Omaha

No. 162

Motion to dismiss or affirm submitted October 23, 1911

and postponed to the hearing on the merits

Argued February 27, 28, 1913

Reargued April 10, 11, 1913

Decided June 16, 1913

230 U.S. 123


As a basis of jurisdiction of the circuit court, it is not enough that recovery might be sought upon a constitutional ground; it must clearly appear that it is actually so sought.

Where diverse citizenship exists and the complainant plants its right to relief on the doctrine of estoppel, the case is not one arising under the Constitution of the United States, even though recovery might have been sought on the ground of impairment of the contract, and the judgment of the circuit court of appeals is final.

Appeal from 179 F. 455 dismissed.

The facts, which involve the jurisdiction of this Court of appeals from the circuit court of appeals under the Judiciary Act of 1891, are stated in the opinion.

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