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CARLSON HOIST & MACHINE CO. v. VALENTINE

No. 262.

96 F.2d 147 (1938)

CARLSON HOIST & MACHINE CO., Inc., v. VALENTINE.

Circuit Court of Appeals, Second Circuit.

April 11, 1938.

Attorney(s) appearing for the Case

Moses & Nolte, of New York City (James N. Catlow, of New York City, of counsel), for appellant.

Hauff & Warland, of New York City (William E. Warland and A. A. Orlinger, both of New York City, of counsel), for appellee.

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

PER CURIAM.

This appeal depends upon the meaning of Rule 4 of the Equity Rules of the District Court for the Eastern District of New York: "If justice requires, the court after issue joined, may refuse to permit the plaintiff to discontinue, even though the defendant cannot have affirmative relief under the pleadings, and though his only prejudice is the vexation and expense of a possible second suit upon the same cause of action." The suit had been at issue nearly...

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