WHITNEY v. PURO FILTER CORPORATION

No. 237.

63 F.2d 811 (1933)

WHITNEY et al. v. PURO FILTER CORPORATION OF AMERICA.

Circuit Court of Appeals, Second Circuit.

March 6, 1933.


Attorney(s) appearing for the Case

Frank R. Pentlarge and David C. Johnson, both of New York City, for appellants.

Zalkin & Cohen, of New York City (Nathan Coplan and Barney Fensterstock, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

The bill alleges that the defendant declared a dividend on July 5th payable on July 20th. It was filed on July 8th, and therefore before the payment which it seeks to enjoin. The order to show cause was issued on July 12th, also before the date of payment. The relief sought was therefore more than a declaratory judgment, and the court has jurisdiction.

On the merits it is plain that both decree and order were correct. The purpose of the charter...

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