Wm. Filene's Sons Co. v. Weed
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. •Suit in equity by the Isaac McLean Sons Company against William S. Butler & Co., Incorporated. In the matter of the claim of the Wm. Filene’s Sons Company.
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Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. •Suit in equity by the Isaac McLean Sons Company against William S. Butler & Co., Incorporated. In the matter of the claim of the Wm. Filene’s Sons Company. From an order disallowing such claim, on objections of Charles F. Weed and others, receivers, claimant appeals; The following is the opinion of DODGE, District Judge: The receivers filed a petition for instructions regarding this claim April 7, 1913, which was answered by the claimant company April 8, 1913. By an order entered…
1Opinion of the Court
BROWN, District Judge.
We all agree that the judgment of the court below should be affirmed, though there is a difference of opinion as to the precise grounds upon which the affirmance should rest. A majority of the court agree with the reasoning of the court below, and adopt its opinion as the opinion of this court.
In view of the argument for the appellant, it may be useful to state certain reasons which seem to support the judgment of the District Court.
The nature of the covenant was explained in Slocum v. Soliday, 183 Fed. 410, 412, 106 C. C. A. 56. It has no operation, except from the time…
2Cases cited1 opinion
- Slocum v. SolidayCourt of Appeals for the First Circuit · 1910
3Cited by5 opinions
- William Filene's Sons Co. v. WeedSupreme Court of the United States · 1918
- Dickinson v. Universal Service Stations, Inc.Court of Appeals for the Ninth Circuit · 1938
- Providence Bldg. Co. v. Atlantic Nat. BankDistrict Court, D. Rhode Island · 1916
- Gardiner v. Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1915
- In re Leslie & Griffith Co.District Court, D. Massachusetts · 1916