Delaware, L. & W. R. v. Frank
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States f,or the Southern District of New York. Suit by the Delaware, Lackawanna & Western Railroad Company against Harry- Frank. From an order denying without prejudice a motion to punish defendant for contempt of court, complainant appeals.
1Opinion of the Court
LACOMBE, Circuit Judge.
The District Court in November, 1909, perpetually enjoined defendant from dealing in certain forms of railroad' tickets issued by complainant. The injunction was duly served upon him. On or about June 8, 1915, he violated the injunction. About these facts there is no dispute. Complainant therefore applied, in the same suit, to the same court, praying that defendant be adjudged to be in contempt and punished therefor.
[1-3] Although no opinion was written it seems apparent that the denial of the application “without prejudice” was because the court *989was of the impression…
2Cases cited2 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- In re KahnCourt of Appeals for the Second Circuit · 1913
3Cited by6 opinions
- Brocker v. BrockerSupreme Court of Pennsylvania · 1968
- Parker v. United StatesCourt of Appeals for the First Circuit · 1942
- Jack Rees Nursing & Rehabilitation Services v. HerspergerSuperior Court of Pennsylvania · 1991
- State Ex Rel. Seattle Bottlers Ass'n v. Flora Co.Washington Supreme Court · 1932
- Brocker v. BrockerSupreme Court of Pennsylvania · 1968
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