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Shamrock Mfg. Co. v. Radio Corp.

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT


January 23, 1930

SHAMROCK MFG. CO.
v.
RADIO CORPORATION OF AMERICA ET AL.

Appeal from the District Court of the United States for the District of New Jersey; William Clark and Wm. N. Runyon, Judges.

Author: Buffington

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge. In the court below the plaintiffs moved for a preliminary injunction and the defendant to dismiss plaintiff's bill on the ground of alleged misjoinder of causes of action and of parties plaintiff. On hearing the court denied defendant's motion to dismiss, and granted plaintiff's to enjoin. The opinion of the court below denying the defendant's motion to dismiss is printed in full in the margin.*fn1 We are in entire accord therewith, and adopt it as sufficiently stating the views of this court. The defendant admits that, if "the motion to dismiss was correctly decided, the preliminary in junction was properly granted on plaintiffs' showing."

Accordingly the order granting the injunction is affirmed.


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