Orr v. Coca-Cola Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Suit by thé Coca-Cola Company against Rose Orr and Frank F. Orr, doing business as the Orr Drug Company, or the Orr Pharmacy. From an order and decree dismissing the cause on plaintiff’s motion without prejudice, defendants appeal.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Suit by thé Coca-Cola Company against Rose Orr and Frank F. Orr, doing business as the Orr Drug Company, or the Orr Pharmacy. From an order and decree dismissing the cause on plaintiff’s motion without prejudice, defendants appeal. Appeal from an order and decree granted on plaintiff’s motion, and against defendant’s objections, dismissing the cause without prejudice. The suit was brought for injunction and accounting, plaintiff charging unfair…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The substance of the errors assigned by the defendants is: That by considering the affidavits upon the motion for preliminary injunction, and by setting the case down. for trial, the District Court determined the cause, and made a “decretal order” sustaining the right of the defendants to continue their business until the further order, of the court, or the final determination of the cause, and that the defendants thereby acquired the right to have the matter so continued, and to have it determined in the same District Court without being subjected to…
2Cases cited9 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Central Stock Yards Co. v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1902
- Houghton v. Whitin Mach. WorksU.S. Circuit Court for the District of Massachusetts · 1908
- Thomson-Houston Electric Co. v. HollandU.S. Circuit Court for the District of Northern Ohio · 1907
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3Cited by2 opinions
- Cowham v. McNiderDistrict Court, E.D. Michigan · 1919
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1925