Acme Acetylene Appliance Co. v. Commercial Acetylene Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Suit in equity by the Commercial Acetylene Company and the PrestO-Lite Company against the Acme Acetylene Appliance Company, Arthur S. Widrig, Robert Widrig, and Fred Wilmot. From an order (188 Fed. 89) granting a preliminary injunction, defendants appeal. This is an appeal from an order (188 Fed. 89) granting a preliminary injunction.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Suit in equity by the Commercial Acetylene Company and the PrestO-Lite Company against the Acme Acetylene Appliance Company, Arthur S. Widrig, Robert Widrig, and Fred Wilmot. From an order (188 Fed. 89) granting a preliminary injunction, defendants appeal. This is an appeal from an order (188 Fed. 89) granting a preliminary injunction. Appellants are restrained .from selling certain devices called acetylene gas generators and compressors for use in recharging with acetylene gas certain other devices…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] In testing the validity of an order granting a preliminary injunction,.we are bound to recognize that there resided in the court making the order a reasonable discretion either to grant or to withhold it. And the general rule is that unless it explicitly appears that the court has proceeded upon an erroneous hypothesis of pertinent fact or law. or has improvidently exercised its legal discretion, the order will not be disturbed. This court has so frequently expressed the rule in this behalf that we need not do more than to cite one or two of the recent…
2Cases cited17 opinions
- Leeds & Catlin Co. v. Victor Talking MacHine Co.Supreme Court of the United States · 1909
- Keystone Bridge Co. v. Phoenix Iron Co.Supreme Court of the United States · 1877
- Leeds & Catlin Company v. Victor Talking Machine Company (No. 2)Supreme Court of the United States · 1909
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Permutit Co. v. WadhamCourt of Appeals for the Sixth Circuit · 1926
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
- Macbeth-Evans Glass Co. v. General Electric Co.Court of Appeals for the Sixth Circuit · 1917
- Prest-O-Lite Co. v. DavisCourt of Appeals for the Sixth Circuit · 1914
- Dunn Wire-Cut Lug Brick Co. v. Toronto Fire Clay Co.Court of Appeals for the Sixth Circuit · 1919
17 more not listed; retrieve them via the Exa API.