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SHERWIN-WILLIAMS COMPANY v. INTERNATIONAL COLOR & CHEMICAL COMPANY

No. 4757.

18 F.2d 1021 (1927)

SHERWIN-WILLIAMS COMPANY, Appellant, v. INTERNATIONAL COLOR & CHEMICAL COMPANY, Inc., Appellee.

Circuit Court of Appeals, Sixth Circuit.

May 9, 1927.

Attorney(s) appearing for the Case

Willard M. McEwen, of Chicago, Ill. (Fay, Oberlin & Fay and Charles S. Reed, all of Cleveland, Ohio, on the brief), for appellant.

John H. S. Lee, of Chicago, Ill. (Smith & Freeman, of Cleveland, Ohio, Deneen, Healy & Lee, of Chicago, Ill., Harold Elno Smith, of Cleveland, Ohio, and Owen Rall, of Chicago, Ill., on the brief), for appellee.

Before DENISON, and MOORMAN, Circuit Judges, and COCHRAN, District Judge.

PER CURIAM.

The only question involved in this appeal is the right to have relief upon an original bill, in the nature of a bill of review, which the court below, after permitting to be filed, dismissed upon final hearing. Quite obviously, the plaintiff in this bill has no claim to unsettle the former decree after the several years which have elapsed, unless upon the ground of newly discovered evidence, and it is clear to us that upon the merits of this claim plaintiff...

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