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KLOEB V. ARMOUR & CO., 311 U. S. 199 (1940)

U.S. Supreme Court

Kloeb v. Armour & Co., 311 U.S. 199 (1940)

Kloeb v. Armour & Company

No. 65

Submitted November 18, 1940

Decided December 9, 1940

311 U.S. 199


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. 311 U. S. 204.

(2) The order of remand was not reviewable by the Circuit Court of Appeals. P. 311 U. S. 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.

Page 311 U. S. 200

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