BRYAN v. SMITH

No. 9682.

174 F.2d 212 (1949)

BRYAN v. SMITH et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 26, 1949.


Attorney(s) appearing for the Case

Harry I. Schwimmer and Robert B. Vaughan, both of Kansas City, Mo., for appellant.

Francis Heisler, of Chicago, Ill., and Herbert J. Backer, of Indianapolis, Ind., for appellee.

Before KERNER, MINTON, and DUFFY, Circuit Judges.


MINTON, Circuit Judge.

The question presented on this record is whether ancillary action can be taken for the enforcement of an interlocutory order made in a case that later was dismissed voluntarily.

On June 17, 1941, a suit was filed in the United States District Court for the Southern District of Indiana by the appellees against the appellants, who were, respectively, the plaintiffs and the defendants in that suit and in this proceeding, for various sums...

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