Decorative Stone Co. v. Building Trades Council of Westchester County

Several questions of importance and difficulty have been, argued, but wo find ourselves able to express opinion on one point only, viz. that no error was committed in refusing injunctive relief upon ex parte affidavits alone.

The law and practice in this circuit is, we think, well settled. This court is, to say the least, disinclined to determine questions of fact upon ex parte affidavits. Hadden v. Dooley, 74 F. 429, 20 C. C. A. 494. To entitle a complainant to a preliminary injunction, he must present a clear title, or one free from reasonable doubt. Stevens v. Missouri, etc., Co., 106 F.…