Young v. J. Samuels & Bro., Inc.
District Court, D. Rhode Island
In Equity. Suit by Samuel D. Young, trustee, against J. Samuels & Bro., Incorporated. On motion by complainant to discontinue.
1Opinion of the Court
BROWN, District Judge.
[1] Upon the plaintiff’s motion to discontinue his bill without prejudice on payment of costs, defendant contends that the motion should be granted only upon condition that plaintiff should stipulate that depositions of 13 witnesses taken by defendant may be used by the defendant in subsequent suits. He relies upon the following decisions from the Second circuit: Brush v. Condit (C. C.) 20 Fed. 826; American Zylonite Co. v. Celluloid Mfg. Co. (C. C.) 32 Fed. 809; American Steel & Wire Co. v. Mayer (C. C.) 123 Fed. 204.
The decisions in the First circuit, however, are to…
2Cases cited34 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- West v. LouisianaSupreme Court of the United States · 1904
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Gregory v. PikeCourt of Appeals for the First Circuit · 1895
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3Cited by6 opinions
- Cowham v. McNiderDistrict Court, E.D. Michigan · 1919
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1925
- Hills v. Federal Optical Co.District Court, D. Massachusetts · 1923
- Orr v. Coca-Cola Co.Court of Appeals for the Ninth Circuit · 1918
- Elliott Addressing Mach. Co. v. New England Telephone & Telegraph Co.District Court, D. Massachusetts · 1937
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