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Moore v. Chesapeake & Ohio Railway Co., 291 U.S. 205 (1934)
Smith suggested that sometimes a federal district court had arising under jurisdiction even when the plaintiff did not assert a federally created cause of action. But it provided little guidance as to when this exception applied. The Supreme Court decided several cases in this area, and for a while, those cases made matters more, not less, confusing.
A summary of one case, Moore v. Chesapeake, appears below. Is Moore like Smith? Or is it a straightforward application of Mottley?
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