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LYONS v. WESTINGHOUSE ELECTRIC CORPORATION

Docket 23312, 23325.

222 F.2d 184 (1955)

Joseph H. LYONS and Jessie H. Lyons, individually and as co-partners doing business under the name and style of Lyons Electrical Distributing Company, Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION and General Electric Company, Defendants-Appellees. Joseph H. LYONS and Jessie H. Lyons, individually and as co-partners doing business under the name and style of Lyons Electrical Distributing Company, Petitioners, v. The Honorable Lawrence E. WALSH, United States District Judge, Respondent.

United States Court of Appeals Second Circuit.

Decided March 29, 1955.

Rehearing Denied April 25, 1955.

Attorney(s) appearing for the Case

John D. Calhoun and Albert R. Connolly, New York City, for the motion, and in opposition to the petition.

Copal Mintz, New York City, opposed to the motion, and on behalf of the petition.

Before L. HAND and MEDINA, Circuit Judges, DIMOCK, District Judge.

Rehearing Denied in No. 23325 April 25, 1955.

L. HAND, Circuit Judge.

The defendant, Westinghouse Corporation, with the support of an affidavit of the General Electric Company, moves to dismiss an appeal taken by the plaintiff from an order, 16 F.R.D. 384, staying all further proceedings in the prosecution of the action at bar, pending the final determination of an action in the Supreme Court of New York brought by the Westinghouse Corporation against the...

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