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Greiner Civil Procedure Version 01
Resource 1 . 10
4 minutes

Louisville & Nashville Railroad v. Mottley

Jim Greiner,
Jack Deschler

This case is about the scope of the "arising under" grant of power in 28 U.S.C. § 1331.  How broad is that statutory grant of power?  What must a case have in it for it to "arise under" federal law?  For purposes of the statute, where is the dividing line between cases that do and do not "arise under" federal law?  Is the statutory line the same as the line you saw in Osborn, the one that delimits the "arising under" power for purposes of the U.S. Constitution?  If not, which one is broader?

Supreme Court of the United States
211 U.S. 149, 53 L. Ed. 126, 29 S. Ct. 42, 1908 U.S. LEXIS 1533, SCDB 1908-012
No. 37
1908-11-16

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