Butler v. Ungerleider

BYERS, District Judge.

This is a plaintiff’s motion for a stay of any and all executions or other proceedings under a certain judgment heretofore recovered in this Court by the defendant’s assignor without recourse, which plaintiff seeks in effect to vacate or abrogate by this action for a declaratory judgment..

The decision of the Court of Appeals for this Circuit, reported in 187 F.2d 238, up>held service of process upon the defendant, reversing a contrary holding below; the opinion makes clear the nature and issues of this controversy.

Two successive earlier motions for a stay were denied,…