Lyons v. Westinghouse Electric Corp.
This text of 201 F.2d 510 (Lyons v. Westinghouse Electric Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendants in the prior state court action brought by Westinghouse raised the •defense of illegality of the contract sued ■upon. Thereafter they brought the present action in the federal court and sought to •stay further proceedings in the state court. Judge Bondy rightly held that 28 U.S.C.A. § 2283 prevents .the issuance of such a stay. The appellants’ attempt to distinguish Red Rock Cola Co. v. Red Rock Bottlers, 5 Cir., 195 F.2d 406, and Bascom Launder Corp. v. Telecoin Corp., D.C.S.D.N.Y., 9 F.R.D. 677 is not persuasive. We agree with those decisions.
The order is affirmed and our mandate will be issued forthwith. ■
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201 F.2d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-westinghouse-electric-corp-ca2-1953.