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MONROE BODY CO. v. HERZOG

No. 4425.

18 F.2d 578 (1927)

MONROE BODY CO. et al. v. HERZOG et al.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1927.

Attorney(s) appearing for the Case

Chappell & Earl and Fred L. Chappell, all of Kalamazoo, Mich., for appellants.

Whittemore, Hulbert, Whittemore & Belknap and William J. Belknap, all of Detroit, Mich. (Clarence B. Zewadski, of Detroit, Mich., of counsel), for appellees.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

PER CURIAM.

As to the matter of criminal punishment, we announced our conclusion that the record was sufficient to support the punishment imposed. 13 F.2d 705, 706. Upon rehearing and further reflection, we are led to the opposite conclusion. It is true that the petition asked that an attachment be issued against Smith for his contempt; but this is so common and appropriate a prayer for process...

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