ARGUED AND DETERMINED
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Hermann and others v. RYAN and others}
(Circuit Court, D. Colorado. June 14, 1883.)
1. Junrsmorron FEDERAL COURT—(.lITIZEN.
To give jurisdiction to the ftderal courts 011 the ground of citizenship, all
the plaintiffs who have an interest in the subject-matter must have a ditferent
citizenship from the defendants.
2. SAME——l1`EnEnAL Laws.
- An averment. that the action involves the " construction and consideration
‘ of the laws of the United btates on the subject of mines and mining, and the
validity and title to mining claims occurring and arising thereunder, " held
insuflicient to show a cause of action arismg under the laws of the United
States. The complaint must state thereis a controversy between the p rties as
to the meaning and eifect of those laws. lt is not sutilcient that the right. to
recover is based upon an act of congress.
Motion to Dismiss.
A. Dartford, for plaintitis.
D. T. Sapp, for defendants.
Hannnrr, J., (orally.) An action of ejeetment was brought by six
persons against four to recover two mining claims. The title, as
stated in the complaint, appears to be in four of the plaintiffs. F.
E. Holland and B. M. Hypes, two of the plaintiffs, own a consirl—
_ erable interest in the claims, and they are citizens of the state t.
Missouri. Two of the plaintiffs, J. W. West and W. M. B. Wor
- thington, own one-twelfth interest each. Charles A. Jones and Charles
A. Daily are lessees of the plaintiffs. West and Worthington, Jones
I From the Colorado Law Reporter.
v.17,no.1—1