HOMAN MFG. CO. v. RUSSO

No. 11737.

233 F.2d 547 (1956)

HOMAN MFG. CO., Inc., a corporation, formerly named Shotwell Mfg. Co., Byron A. Cain, Harold E. Sullivan and Frank J. Huebner, Plaintiffs, v. Vincent P. RUSSO, Charles A. McNelis and Charles J. Mammel, Defendants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 6, 1956.


Attorney(s) appearing for the Case

George B. Christensen, William T. Kirby, Chicago, Ill., for plaintiffs.

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., Vincent P. Russo, Charles A. McNelis, Sp. Attys., Department of Justice, Washington, D. C., pro sese, and Donald A. Hansen, Attorney, Internal Revenue Service, Washington, D. C., for defendants.

Before LINDLEY, SWAIM and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Plaintiffs appeal to this court from, first, an order of the district court dismissing plaintiffs' complaint for want of equity, and, secondly, an order denying and dismissing with prejudice the said complaint when considered as a petition addressed to the judge in charge of the grand jury, April term, 1956 for the Northern District of Illinois.

The complaint narrates judgments of conviction of plaintiffs entered in said district...

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