Sears, Roebuck & Co. v. Roddewig

DEWEY, District Judge.

This suit came on for hearing in open court at Des Moines, Iowa, on June 20, 1938, before a statutory three-judge court duly assembled, to hear the application for a temporary injunction. By agreement the motion to dismiss was submitted to be determined at the time the court considered the evidence on the merits. Evidence was introduced, arguments had and on June 21, 1938, also by agreement, the suit was submitted to be determined, subject to the motion, as a final hearing.

The court is abidingly convinced that the suit will have. to be dismissed for lack of jurisdiction…