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WITHERBEE IGNITER COMPANY v. WITHERBEE MANUFACTURING COMPANY

No. 280.

11 F.2d 1023 (1926)

WITHERBEE IGNITER COMPANY, Complainant Appellee, v. WITHERBEE MANUFACTURING COMPANY and Thomas S. Witherbee, individually, Respondent Appellant.

Circuit Court of Appeals, Second Circuit.

March 19, 1926.

Attorney(s) appearing for the Case

Willard G. Stanton, of New York City, for appellant.

C. Westley Abbott (Alexander J. Lindsay, of New York City, on the brief), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judge.

PER CURIAM.

The court below, by the order appealed from, refused to retract or meddle with an injunction contained in the final decree herein entered nearly 20 years ago. The action of the court was proper (Central Trust Co. v. Grant Works, 135 U.S. 207, 10 S.Ct. 736, 34 L. Ed. 97), but the order should have been based upon lack of power or jurisdiction.

When modified, so as to refuse relief for lack of power so to do, and as...

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