American Snuff Co. v. Old Indian Snuff Mills

S.D. New York

American Snuff Co. v. Old Indian Snuff Mills

177 F. 1007, 1910 U.S. App. LEXIS 5358

District Court, S.D. New York·Decided March 26, 1910·Published

Opinion

NOYES, Circuit Judge.

In view of the conflicting affidavits, and of the decision in Weyman v. Soderberg, 108 Fed. 63, this case is too doubtful to warrant the issuance of a preliminary injunction. It cannot be said — to use the language of the complainant’s brief — that “there is no doubt as to the final outcome of the case” and that the “complainant is bound to succeed.” The motion for a preliminary injunction is denied.

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NOYES, Circuit Judge.

In view of the conflicting affidavits, and of the decision in Weyman v. Soderberg, 108 Fed. 63, this case is too doubtful to warrant the issuance of a preliminary injunction. It cannot be said — to use the language of the complainant’s brief — that “there is no doubt as to the final outcome of the case” and that the “complainant is bound to succeed.” The motion for a preliminary injunction is denied.

American Snuff Co. v. Old Indian Snuff Mills, 177 F. 1007, 1910 U.S. App. LEXIS 5358 (S.D.N.Y. 1910).

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Opinion

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