Lincoln v. Waterbury Button Co.

THOMAS, District Judge.

Four motions are here for consideration. The plaintiffs ask for a temporary injunction against both the defendant and the intervener; they also move to strike out the counterclaim filed by the intervener on the ground that the intervener cannot inject in this suit an issue for equitable relief, which could not have been presented by the defendant, the button company, and because the counterclaim is not germane to the issue raised by the bill and answer.

The intervener moves (1) to dismiss the bill on the ground that the bill, answer, counterclaim, affidavits, and…