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IN RE ADAMS

No. 262.

25 F.2d 640 (1928)

In re ADAMS. Ex parte SCHER.

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

Bender & Harvey, of Mt. Vernon, N. Y. (Morgan, Cahill & Fogarty and David V. Cahill, all of New York City, and John J. Fogarty, of Yonkers, N. Y., of counsel), for appellant.

Dos Passos Bros., of New York City (Cyril F. Dos Passos, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

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

The appeal was not taken from an order denying a reargument. On the contrary, the judge granted a reargument, and after another hearing upon new affidavits reached the same conclusion and entered a new order vacating the ex parte injunction. This appears to us to be in substance a new hearing and a new disposition at large, and, from the order last entered, an appeal will lie. Electrical Engineers' Equipment...

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