A. C. DODGE, INC. v. J. M. CARRAS, INC.

No. 124, Docket 23219.

218 F.2d 911 (1955)

Diesel Tanker A. C. DODGE, Inc., owner of the Motor Vessel A. C. DODGE, and Spentonbush Fuel Transport Service, Inc., Appellants, v. J. M. CARRAS, Inc., Appellee.

United States Court of Appeals, Second Circuit.

Decided February 3, 1955.


Attorney(s) appearing for the Case

Foley & Martin, New York City, (Christopher E. Heckman, New York City, John J. McElhinny, New York City, of counsel), for appellants.

Haight, Deming, Gardner, Poor & Havens, New York City, Cantor & Opper, New York City (MacDonald Deming, Gordon W. Paulsen, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

1. The order of April 19, 1954, is appealable, under 28 U.S.C. § 1292, as an order involving the modification of an injunction order. We think that what subsequently occurred did not render the April 19 order moot since appellant, in obtaining the stay in the Maryland suit, acted under the compulsion of the April 19 order so that it might have the benefit of the usual injunction incident to a limitation proceeding.

2. The April 19...

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