CHICAGO AUDITORIUM ASS'N v. WILLING

No. 3733.

20 F.2d 837 (1927)

CHICAGO AUDITORIUM ASS'N v. WILLING et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 30, 1927.


Attorney(s) appearing for the Case

Walter L. Fisher, of Chicago, Ill., for appellant.

Homer H. Cooper, of Chicago, Ill., Watson Washburn, of New York City, and Frank H. McCulloch, of Chicago, Ill., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


EVAN A. EVANS, Circuit Judge.

This appeal involves solely a question of equity jurisdiction. The District Court dismissed the suit, concluding that the alleged facts were insufficient to invoke the jurisdiction of a court of equity. It did not pass upon the existence of facts necessary to sustain the relief sought, providing the court had jurisdiction. In other words, two questions were presented to the District Court. One was a question of law — the sufficiency...

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