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MERRIMAC HAT CORP. v. CROWN OVERALL MFG. CO.

No. 66, Docket 21551.

186 F.2d 505 (1951)

MERRIMAC HAT CORP. v. CROWN OVERALL MFG. CO. et al.

United States Court of Appeals Second Circuit.

Decided January 5, 1951.

Attorney(s) appearing for the Case

Harry Price, New York City (Lester Gutterman, New York City, of counsel) for appellant.

Klein, Alexander & Cooper, New York City and Jaffin, Schneider, Kimmel & Galpeer, New York City (Frank Zugelter, Cincinnati, Ohio, and Stanley E. Zimmerman, New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

PER CURIAM.

Under Rule 12(b), 28 U.S.C.A., Crown, of course, did not waive lack of service by joining a motion to dismiss the complaint with its motion to quash service. As it was not served, no restraining order could be issued against it.

Since, however, Excello was served, we proceed to consider, on the merits, the denial of a restraining order as to it.2 We need not consider whether, in some circumstances, a federal court may...

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