SCANBE MANUFACTURING COMPANY v. TRYON

No. 22060.

400 F.2d 598 (1968)

SCANBE MANUFACTURING COMPANY, Appellant, v. William TRYON, etc., and United States Marshal, Appellees.

United States Court of Appeals Ninth Circuit.

August 2, 1968.


Attorney(s) appearing for the Case

Edward J. DaRin (argued) of Christie, Parker & Hale, Pasadena, Cal., William Tryon, La Habra, Cal.; Lewis E. Lyon, (amicus curiae) Los Angeles, Cal., for appellant.

Larry L. Dier, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellees.

Before JOHNSEN, BROWNING and CARTER, Circuit Judges.


PER CURIAM:

The district court held that "the injunction signed only by a deputy clerk of the District Court is void" for want of a judicial signature. Section 1691 of Title 28, U.S.C. (which was not called to the attention of the district court) provides that "All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof" (emphasis added).

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