Plews v. Burrage

MORTON, District Judge.

The subject-matter of this litigation has been twice before the Circuit Court of Appeals. On tho first occasion it was decided that Burrage *413had no standing to maintain a bill in equity to enjoin the present action at law by Plews. Plews v. Burrage, 266 F. 347, 348. Thereafter elaborate pleadings were filed in this case. The plaintiff’s declaration and replication and the defendant’s answer, taken together, present substantially the same questions as were raised by the bill in equity. Burrage demurred to the replication upon the ground that, on the facts therein stated…