Page:United States Reports, Volume 209.djvu/463

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June 22, the defendant company filed its petition for the removal of the action to the Circuit Court of the United States. The petition for removal alleged: "Your petitioner further avers that in the above-entitled suit there is a controversy which is wholly between citizens of different. States, to wit: A controversy between y?,ur peti- tioner, Chics?o, Burlington & ?incy Railway Company, which your petitioner avers was at the time of the commence- ment of this suit, ever since has been and now is a corpora- tion created and existing under and by virtue of the laws of the State of Iowa; the said William T. Thompson, Attorney General of the State of Nebraska, one of the plaintiffs, who your petitioner avers was, at the time of the commencement of this action, ever since has been and stiil is a citizen and resident of the State of Nebraska; the Nebraska State Rail- way Commission, a board organized under the laws of the State of Nebraska for the supervision of railways in said State, and the members composing the said board, whom your pe- titioner avers were, at the time of the commencement of this suit, ever since have bccn and still are citizens and residents of the State of Nebraska; the said Hudson J. Winnett, one of the plaintiffs and a member of the aforesaid Nebraska State Railway Commission, who your petitioner avers was, at the time of the commencement of this action, ever since has been and still is a citizen and resident of the State of Nebraska; the said J. A. Williams, one of the plaintiffs .and a member of the aforesaid Nebraska State Railway Commission, who your petitioner avers was, at the time of the commencement of this action, ever since has been and still is a citizen and resi- dent of the State of Nebraska, and the said Henry T. Clarke, Jr., one of the plaintiffs and a member of the aforesaid braska State Railway Commission, who your petitioner avers was, at the time of the commencement of this action, ever since Ires been and still is a citizen and resident of the State of Nebraska. And your petitioner avers that it was not at the time of the commencement of this suit, nor since has been