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ZIMMERMAN v. FARMINGTON SHOE CO.

Nos. 2298, 2299.

31 F.2d 405 (1929)

ZIMMERMAN et al., Trustees, v. FARMINGTON SHOE CO. et al. SAME v. MILFORD SHOE CO. et al. In re CASS & DALEY SHOE CO.

Circuit Court of Appeals, First Circuit.

March 16, 1929.

Attorney(s) appearing for the Case

Guy C. Richards, of Salem, Mass. (Alexander G. Gould, of Boston, Mass., Edward S. Underwood, of Lynn, Mass., and Harry Shapiro, of Boston, Mass., on the brief), for appellants.

Joseph B. Ely and Frank W. Crocker, both of Boston, Mass. (Ropes, Gray, Boyden & Perkins, of Boston, Mass., on the brief), for appellees Farmington Shoe Co. and others.

William G. Thompson, of Boston, Mass., for appellees Milford Shoe Company et al.

John J. Burns, of Cambridge, Mass., for Joseph E. Daley.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

PER CURIAM.

Treating law defenses set up in the answers as motions to dismiss, the court below entered final decrees dismissing the bills, with costs, res adjudicata, without hearing evidence. These rulings cannot be sustained. In effect, counsel for defendants concede that the most they are entitled to is dismissals without prejudice, remitting plaintiffs to new suits, better pleaded. They are not entitled even to that support. The only questions calling for brief...

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