Modern Woodmen of America v. Casados

McDERMOTT, Circuit Judge.

Upon the hearing of plaintiff’s motion for temporary injunction and defendants’ motion to dismiss the bill, defendants announced their intention to stand upon their motion to dismiss. Accordingly this court, after due consideration, directed entry of a final decree.1 Defense counsel then asked to be relieved of their election to stand on their motion to dismiss the bill upon the ground that they had assumed this court would decide a constitutional question which was of interest to them in cases pending in other courts; that since the court was not beguiled into…