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DUHNE V. NEW JERSEY, 251 U. S. 311 (1920)

U.S. Supreme Court

Duhne v. New Jersey, 251 U.S. 311 (1920)

Duhne v. New Jersey

No. ___, Original

Argued January 5, 1920

Decided January 12, 1920

251 U.S. 311


The federal courts have no jurisdiction of a suit brought by a citizen against his own state without its consent. P. 251 U. S. 313.

In § 2 of Art. III of the Constitution, the second clause merely distributes the federal jurisdiction conferred by the preceding one into original and appellate jurisdiction, and does not itself confer any. Id.

Permission will not be granted to file an original bill if jurisdiction to entertain it is clearly lacking. P. 251 U. S. 314.

Motion denied; rule discharged.

The case is stated in the opinion.

Page 251 U. S. 312

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