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MAYFLOWER INDUSTRIES v. THOR CORP.

No. 10205.

184 F.2d 537 (1950)

MAYFLOWER INDUSTRIES v. THOR CORP. et al.

United States Court of Appeals Third Circuit.

Decided August 8, 1950.

Rehearing Denied September 11, 1950.

Attorney(s) appearing for the Case

Gilbert W. Oswald, Philadelphia, Pa. (Bernard G. Segal, James J. Leyden and Edward W. Mullinix, all of Philadelphia, Pa., Ruback, Albach & Weisman, Newark, N. J., and Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., on the brief), for appellant.

Walter C. Lundgren, New York City, (Thomas J. Brogan, Jersey City, N. J., Franklin B. Lincoln, Jr., New York City, Justin A. Stanley, Chicago, Ill., Thomas B. K. Ringe, Philadelphia, Pa., and Lundgren, Bartels & Lincoln, New York City, and Isham, Lincoln & Beale, Chicago, and Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for Thor Corp.

Richard J. FitzMaurice, Orange, N. J., for Teldisco.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This appeal has been taken from an interlocutory order of the District Court for the District of New Jersey denying a preliminary injunction. Section 1292(1) of title 28 of the United States Code, 28 U.S.C.A. § 1292(1), authorizes an immediate appeal from such an order.

With the case thus properly before us, a preliminary question arises whether this litigation was removable from the state...

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