General
WITHERBEE IGNITER COMPANY, Complainant Appellee, v. WITHERBEE MANUFACTURING COMPANY and Thomas S. Witherbee, individually, Respondent Appellant
11 F.2d 1023·United States Court of Appeals for the Second Circuit·1926
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
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.)
No. 280.
Appeal from the District Court of the United States for the Southern District of New York.
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.
[MAJORITY — PER CURIAM.]
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 modified, the order is affirmed, with costs.