Lyons v. Westinghouse Electric Corp.

Second Circuit

Lyons v. Westinghouse Electric Corp.

201 F.2d 510

Court of Appeals for the Second Circuit·Decided January 21, 1953·No. No. 161, Docket 22556·Published

Opinion

PER CURIAM.

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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PER CURIAM.

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. ■

Lyons v. Westinghouse Electric Corp., 201 F.2d 510 (2d Cir. 1953).

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Opinion

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