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HOUGHTON MIFFLIN CO. v. STACKPOLE SONS

No. 341.

113 F.2d 627 (1940)

HOUGHTON MIFFLIN CO. v. STACKPOLE SONS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 17, 1940.

Attorney(s) appearing for the Case

Philip Wittenberg, of New York City, for appellants.

Hines, Rearick, Dorr & Hammond, of New York City (Archie O. Dawson, of New York City, of counsel), for appellee.

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

PER CURIAM.

This court affirmed a temporary injunction in this case (Houghton Mifflin Co. v. Stackpole Sons, Inc., 2 Cir., 104 F.2d 306), and the Supreme Court denied certiorari (308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. ___). Thereupon, the plaintiff moved for summary judgment upon affidavits under Rule 56, Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which the judge granted; the defendants appeal. Our earlier opinion...

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