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MINNEAPOLIS GASOLINE & FUEL CO. v. ETHYL GASOLINE CORPORATION

38 F.Supp. 454 (1941)

MINNEAPOLIS GASOLINE & FUEL CO. v. ETHYL GASOLINE CORPORATION et al.

District Court, S. D. New York.

March 6, 1941.

Attorney(s) appearing for the Case

Louis Karasik, of New York City, Hiram Z. Mendow, of Minneapolis, Minn., and Maurice J. Dix, of New York City, for plaintiff.

Richard M. Page and Benjamin C. Loder, both of New York City, for defendants.

MANDELBAUM, District Judge.

The plaintiff moves to vacate an ex parte order staying the suit until it shall post security for costs in the sum of $250. This is a suit under the Clayton Act, 38 Stat. 730.

Rule 34 of the civil rules of this court, dealing with procedural matters, makes our old equity practice applicable in the absence of any other federal statute or federal rule of civil procedure. Inasmuch as I believe that, under the old equity practice, the...

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