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DECORATIVE STONE CO. v. BUILDING TRADES COUNCIL

No. 383.

13 F.2d 123 (1926)

DECORATIVE STONE CO. v. BUILDING TRADES COUNCIL OF WESTCHESTER COUNTY et al.

Circuit Court of Appeals, Second Circuit.

June 1, 1926.

Attorney(s) appearing for the Case

Gleason, McLanahan, Merritt & Ingraham, of New York City (Walter Gordon Merritt, of New York City, of counsel), for appellant.

Sydney A. Syme and William S. Coffey, both of Mt. Vernon, N. Y., for appellees.

Before ROGERS, HOUGH, and MACK, Circuit Judges.

PER CURIAM.

Several questions of importance and difficulty have been argued, but we find ourselves able to express opinion on one point only, viz. that no error was committed in refusing injunctive relief upon ex parte affidavits alone.

The law and practice in this circuit is, we think, well settled. This court is, to say the least, disinclined to determine questions of fact upon ex parte affidavits. Hadden v. Dooley, 74 F. 429, 20 C. C. A. 494. To entitle...

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