Legal Opinion · Dissent

National Metal Molding Co. v. Tubular Woven Fabric Co.

Court of Appeals for the First Circuit

Decided October 18, 1916No. 1208Published

Appeal from the. District Court of the United States for the District of Rhode Island; Arthur D. Brown, Judge. Bill by the National Metal Molding Company against the Tubular Woven Fabric Company. A temporary injunction was granted, .and defendant moved to enjoin plaintiff from issuing a circular referring to the decision. From an order enjoining the issuance of the circular, plaintiff appeals.

1DissentDodge, Circuit Judge

I think the order of the District Court should be affirmed. Upon the entry of its interlocutory decree and the issuance of its permanent injunction on April 14, 1916, as required by the mandate of this court, the plaintiff had proceeded to send circulars, dated April 20, 1916, to the defendant’s customers, announcing the effect of the decree and injunction in language of its own. From a party assuming to follow such a course, I think the District Court, wherein the case was still pending for further proceedings, had the right to require scrupulous care, not only to avoid actual…

2Cases cited1 opinion

  1. Rollman Mfg. Co. v. Universal Hardware WorksDistrict Court, E.D. Pennsylvania · 1916

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