International Tooth Crown Co. v. Kyle

U.S. Circuit Court for the District of Southern New York

International Tooth Crown Co. v. Kyle

113 F. 1022, 1902 U.S. App. LEXIS 4839

CourtU.S. Circuit Court for the District of Southern New York

DecidedJanuary 20, 1902

StatusPublished

This text of 113 F. 1022 (International Tooth Crown Co. v. Kyle) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

International Tooth Crown Co. v. Kyle, 113 F. 1022, 1902 U.S. App. LEXIS 4839 (circtsdny 1902).

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Opinion

TOWNSEND, District Judge.

This cause having been heard upon the petition of Allan G. Bennett and others to vacate and annul the decree heretofore entered herein, and upon affidavits and arguments of counsel in behalf of the said peitioners and the said complainant, International Tooth Crown Company, and it appearing to the court that the proceedings therein were procured by collusion between the complainant, International Tooth Crown Company, and the defendant, James Orr Kyle, and that there was no real controversy between them, it is hereby ordered, adjudged, and decreed that the said decree, to wit, the decree entered on or about the 1st day of January, 1900, be, and the same is hereby, vacated and annulled, And that this cause be dismissed. It is further ordered that said International Tooth Crown Company pay the disbursements incurred in the said application for vacation of said decree. Nothing herein contained shall be construed as implicating any of the solicitors or counsel for complainant; for they are exonerated from all knowledge of or participation in said collusion.

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TOWNSEND, District Judge.

This cause having been heard upon the petition of Allan G. Bennett and others to vacate and annul the decree heretofore entered herein, and upon affidavits and arguments of counsel in behalf of the said peitioners and the said complainant, International Tooth Crown Company, and it appearing to the court that the proceedings therein were procured by collusion between the complainant, International Tooth Crown Company, and the defendant, James Orr Kyle, and that there was no real controversy between them, it is hereby ordered, adjudged, and decreed that the said decree, to wit, the decree entered on or about the 1st day of January, 1900, be, and the same is hereby, vacated and annulled, And that this cause be dismissed. It is further ordered that said International Tooth Crown Company pay the disbursements incurred in the said application for vacation of said decree. Nothing herein contained shall be construed as implicating any of the solicitors or counsel for complainant; for they are exonerated from all knowledge of or participation in said collusion.

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Bluebook (online)

113 F. 1022, 1902 U.S. App. LEXIS 4839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-tooth-crown-co-v-kyle-circtsdny-1902.