Legal Opinion

American Engineering Co. v. Metropolitan By-Products Co.

Court of Appeals for the Second Circuit

Decided November 16, 1921PublishedCited by 10 opinions

Three separate suits in equity were brought by the American Engineering Company against the Metropolitan By-Products Company, Inc., and by the Title Guarantee & Trust Company and by the Columbia Trust Company each against the Metropolitan By-Products Company, Inc., and others.

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Three separate suits in equity were brought by the American Engineering Company against the Metropolitan By-Products Company, Inc., and by the Title Guarantee & Trust Company and by the Columbia Trust Company each against the Metropolitan By-Products Company, Inc., and others. On applications by Frank Bailey and others, as a committee of bondholders, and by George M. Moffett, as receiver, of the Metropolitan By-Products Company, Inc., for writs of mandamus against Edwin E. Garvin, District Judge, to require amendment of decrees in the above-entitled suits after a reversal therein and…

1Opinion of the Court

ROGERS, Circuit Judge.

Upon petition of George M. Moffett and upon a like application made on behalf of a committee of bondholders and preferred note holders, an order was issued on October 10, 1921, directing the Honorable Edwin L. Garvin, judge of the United States District Court for the Eastern District of New York, and the said United States District Court for the Eastern District of New York to show cause on a day named therein why a writ of mandamus should not issue as prayed; the purpose being to require the District Judge to insert in two decrees entered in said District Court on…

2Cases cited5 opinions

  1. Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
  2. Atkinson & Co. v. Aldrich-Clisbee Co.District Court, D. Massachusetts · 1915
  3. American Engineering Co. v. Metropolitan By-Products Co.Court of Appeals for the Second Circuit · 1921
  4. Spencer v. Taylor Creek Ditch Co.Court of Appeals for the Ninth Circuit · 1912
  5. In re Benwood Brewing Co.District Court, N.D. West Virginia · 1913

3Cited by10 opinions

  1. National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
  2. Robinson v. DickeyCourt of Appeals for the Third Circuit · 1929
  3. George v. BeatyCalifornia Court of Appeal · 1927
  4. Ferguson v. HugginsTexas Supreme Court · 1932
  5. MacGregor v. Johnson-Cowdin-Emmerich, Inc.Court of Appeals for the Second Circuit · 1929

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