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NEW YORK TELEPHONE CO. v. PRENDERGAST

11 F.2d 162 (1926)

NEW YORK TELEPHONE CO. v. PRENDERGAST et al. (CITY OF NEW YORK, Intervener).

District Court, S. D. New York.

March 10, 1926.

Attorney(s) appearing for the Case

John W. Davis, Edward L. Blackman, Charles T. Russell, and Frankland Briggs, all of New York City, for plaintiff.

Albert Ottinger, Atty. Gen., Frank J. Coleman, Jr. and Irwin Kurtz, Sp. Deputies Atty. Gen., and Charles G. Blakeslee, of Binghamton, N. Y., for defendants Prendergast and others.

George P. Nicholson, Corp. Counsel, of New York City (M. Maldwin Fertig, Joseph P. Morrissey, and Joseph F. Mulqueen, Jr., all of New York City, of counsel), for intervener defendant.

Before ROGERS and MANTON, Circuit Judges, and AUGUSTUS N. HAND, District Judge.

ROGERS, Circuit Judge.

This court has been constituted, under the provisions of section 266 of the Judicial Code (Comp. St. § 1243), to hear and determine a motion of the plaintiff for an order amending and modifying the preliminary injunction order made in this court on August 15, 1924.

The original order now sought to be amended was made upon a motion for an injunction pendente lite, restraining defendants from compelling the observance of certain orders...

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