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EX PARTE UNITED STATES, 263 U. S. 389 (1923)

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U.S. Supreme Court

Ex Parte United States, 263 U.S. 389 (1923)

Ex Parte United States, as Owner of

Nineteen Barges and Four Towboats

No. 23, Original

Argued on return to rule to how cause November 19, 20, 1923

Decided December 10, 1923

263 U.S. 389

Syllabus

A suit in the district court against federal official involving the plaintiff's right to personal property under lease from the United States and to an injunction preventing the defendants from taking it from his possession, should not be restrained by a writ of prohibition from this Court, upon the ground that the suit in effect is against the United States where the question of property and possession presented are doubtful, and where, if they be erroneously decided, the remedy by appeal from the district court will be adequate. P. 263 U. S. 392.

Rule discharged; petition denied.

Application by the United States for the writ of prohibition to restrain the district court from entertaining further jurisdiction over a suit against federal officers which was alleged to be in effect a suit against the United States and its property. chanroblesvirtualawlibrary

Page 263 U. S. 390





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