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H. WAGNER & ADLER CO. v. MALI

No. 142.

74 F.2d 666 (1935)

H. WAGNER & ADLER CO. v. MALI et al.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

Duer, Strong & Whitehead, of New York City (Selden Bacon, of New York City, of counsel), for appellants.

Henry Ward Beer, of New York City (Harry F. Lundgren, of New York City, on the brief), for appellee.

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

SWAN, Circuit Judge.

Upon the filing of the bill of discovery the defendants moved to dismiss on three grounds: For lack of equity; because discovery was sought in aid of an action for treble damages; and because discovery would prove matters which, according to the allegations of the complaint in the action at law, constitute a crime. This motion was denied by Judge Woolsey upon the authority of Baush Mach. Tool Co. v. Aluminum...

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