Western Union Telegraph Co. v. Atlanta & W. P. R.

NEWMAN, District Judge.

This case is now before the court on a motion to dismiss the bill, notwithstanding the amendment at great length tendered by the plaintiff. The case as originally determined in this court will be found in 227 Fed. 465. The decision of the Circuit Court of Appeals for this circuit, to which the case was taken from this court, is found in 238 Fed. 36, - C. C. A. -. It will be seen, from these cases and the opinions of the courts, that the decision of this court was affirmed, with leave to the plaintiff to amend.

The amendment which is now tendered is simply an…