Borden Co. v. Milk Commission

BEN C. WILLIS, Circuit Judge.

This cause came on to be heard by the court on December 19, 1957 on the defendants’ motion to dismiss the plaintiffs’ complaint, and argument of counsel for the parties having been heard and the court being advised of its opinion in the premises, announced orally that the said motion would be denied. Thereupon, defendants filed their answer to the complaint — including therein their counterclaim against the plaintiffs.

Upon the filing of the answer and counterclaim the court proceeded to a hearing on plaintiffs’ application for a temporary restraining order against…