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ARTHUR KAHN CO. v. SWITZER BROS.

Civ. No. 28165.

101 F.Supp. 541 (1951)

ARTHUR KAHN CO., Inc., v. SWITZER BROS., Inc., et al.

United States District Court N. D. Ohio, E. D.

October 1, 1951.

Attorney(s) appearing for the Case

John F. Oberlin, Cleveland, Ohio, George B. Finnegan, Jr., and Morgan, Finnegan & Durham, all of New York City, for plaintiff.

Ely & Frye and Albert L. Ely, Jr., all of Cleveland, Ohio, for defendant.

JONES, Chief Judge.

In renewing the motion for temporary injunction earlier denied in memorandum dated September 7, 1951, D.C., 101 F.Supp. 538, the plaintiff relies upon a statement in the memorandum of the Court inferring that the intervention of the plaintiff in the Texas suit creates a situation in which the law respecting identity of parties and issues is fulfilled, under Cresta...

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