LE ROY v. DE VRY CORPORATION

No. 105.

16 F.2d 18 (1926)

LE ROY v. DE VRY CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.


Attorney(s) appearing for the Case

Fred Gerlach, of Chicago, Ill., and Louis J. Rosett, of New York City, for appellant.

George W. Case, Jr., of New York City, for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The existence of equitable jurisdiction does not of itself prove the propriety of granting equitable relief. The line of decisions suggested by this appeal furnishes illustrations of this truth.

Against a general demurrer, we held in Tompkins v. International, etc., Co., 183 F. 773, 106 C. C. A. 529, that there was jurisdiction in equity to entertain — i. e., consider — a bill filed three...

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