HENIS v. COMPANIA AGRICOLA DE GUATEMALA

Civ. No. 1530.

116 F.Supp. 223 (1953)

HENIS et al. v. COMPANIA AGRICOLA DE GUATEMALA et al.

United States District Court, D. Delaware.

On Motion to Dismiss October 22, 1953.


Attorney(s) appearing for the Case

Arthur G. Logan (Logan, Marvel & Boggs) and Stephen E. Hamilton, Jr., of Wilmington, Del., and Alexander Kahan, of New York City, for plaintiffs.

Caleb S. Layton, Wilmington, Del. (Richards, Layton & Finger, of Wilmington, Del., Inzer B. Wyatt and Edward M. Harris, Jr. (Sullivan & Cromwell), of New York City, for International Railways of Central America.

William S. Potter and James L. Latchum, Wilmington, Del. (Berl Potter & Anderson), of Wilmington, Del., Porter R. Chandler, New York City, and Edwin J. Jacob, Rego Park, N. Y., Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Compania Agricola de Guatemala.


LEAHY, Chief Judge.

A mere reading of the affidavits reveals sharp issues of fact between the parties. The pleadings also suggest difficult questions of law are in dispute. The relief which plaintiffs, here, seek, calls for one of the extraordinary equitable remedies. It is established law of this District and Circuit that a preliminary injunction will not issue under such circumstances. Sneider v. Transcontinental &...

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