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X-4667

FEDERAL RESERVE BANK OF CHI CA.GO
Chas. L. Powell, Counsel,
Continental and Commercjal Bank Bldg.
CHICAGO

Au.gu.s t 11, 1926
Mr. Walter Wyatt, General Counsel

FedeiRl Reserve Board,
Washiilgton, D. C.
My dear Mr. Wyatt:
...,

Yoa perhaps will be interested to know of a case
which I brought for the Federal Reserve Bank of Chicago out in
one of the State District Courts in Iowa. The principal defendant
was the National Surety Company which is a corporation organized
under the laws of the State of New York. That Company took
appropriate steps and removed the case from the State Court to
the United States District Court for the Northern District of
Iowa alleging as a ground diversity of citizenship and, in that
connection, alleged that the Federal ~eAerve Bank of Chicagp was
a citizens of Illinois within the mer:L:.ling of the Judiciary Act.

i

I filed motion to remand. to the State Court on the ground
that Federal Reserve Bank of Chicago was not a citizen of any State.
My motion was sustained a'1.cl the case was remanded but no formal
opinion by the Judge was rendered.

I,

I relied upon the case of Bank:ers Trust Company v.
Texas and Pacific Railway Co., 241 U. s. 295, and State of Texas
v. Interstate Commerce Commission, 258 U. S. 158; and I have no
doubt of the soundness of the conclusion of the coart that the
Federal Reserve Bank under the present condition of the law cannot
be considered a citizen of any State.
Yours truly,

I

,>

(signed)

CLP.




Chas. L. Powell

Chas. L. Powell,
Counsel.