Maitland v. Graham

KOHLSAAT, District Judge.

The facts and argument in this case do not differ materially from those presented in Pelzer v. Newhall (decided by this court on April 13, 1899) 93 Fed. 684. Complainant insists, however, that this court departed from the customary-rule in matters of this kind, in choosing to follow the decision of Ihe court of appeals of the Third circuit upon a preliminary injunction (Manufacturing Co. v. Pelzer, 34 C. C. A. 45, 91 Fed. 665), instead of that of the court of appeals of the Second circuit upon a final hearing on the merits (Maitland v. Manufacturing Co., 29 C. C. A.…