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PROCTER & GAMBLE DISTRIBUTING CO. v. SHERMAN

2 F.2d 165 (1924)

PROCTER & GAMBLE DISTRIBUTING CO. v. SHERMAN, Atty. Gen. of New York, et al.

District Court, S. D. New York.

October 16, 1924.

Attorney(s) appearing for the Case

Claude T. Dawes, of Albany, for the motion.

Philip Russell, of New York City, opposed.

LEARNED HAND, District Judge (after stating the facts as above).

The first question is of the propriety of a resort to equity; in other words, has the plaintiff an adequate remedy at law? The last decision of the Supreme Court, Atlantic Coast Line v. Daughton, 262 U.S. 413, 426, 43 S.Ct. 620, 67 L. Ed. 1051, if read literally, might lead one to suppose that a federal court ought never to regard a statutory remedy as adequate until the...

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