Minneapolis Gasoline & Fuel Co. v. Ethyl Gasoline Corp.

S.D. New York

Minneapolis Gasoline & Fuel Co. v. Ethyl Gasoline Corp.

38 F. Supp. 454, 1941 U.S. Dist. LEXIS 3488

CourtDistrict Court, S.D. New York

DecidedMarch 6, 1941

StatusPublished

Cited by1 cases

This text of 38 F. Supp. 454 (Minneapolis Gasoline & Fuel Co. v. Ethyl Gasoline Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minneapolis Gasoline & Fuel Co. v. Ethyl Gasoline Corp., 38 F. Supp. 454, 1941 U.S. Dist. LEXIS 3488 (S.D.N.Y. 1941).

Pincite

Opinion

MANDELBAUM, District Judge.

The plaintiff moves to vacate an ex parte order staying the suit until it shall post security for costs in the sum of $250. This is a suit under the Clayton Act, 38 Stat. 730.

Rule 34 of the civil rules of this court, dealing with procedural matters, makes our old equity practice applicable in the absence of any other federal statute or federal rule of civil procedure. Inasmuch as I believe that, under the old equity practice, the allowance of security for costs was a matter of discretion (Uhle v. Burnham, C. C., 46 F. 500),.I am inclined, under the circumstances' in this case, to disallow the application for such security. Cf. Cavicchi v. Mohawk Mfg. Co., Inc., D.C., 27 F.Supp. 981.

The motion to vacate the ex parte order of February 24, 1941 is granted.

Free access — add to your briefcase to read the full text and ask questions with AI

MANDELBAUM, District Judge.

The plaintiff moves to vacate an ex parte order staying the suit until it shall post security for costs in the sum of $250. This is a suit under the Clayton Act, 38 Stat. 730.

Rule 34 of the civil rules of this court, dealing with procedural matters, makes our old equity practice applicable in the absence of any other federal statute or federal rule of civil procedure. Inasmuch as I believe that, under the old equity practice, the allowance of security for costs was a matter of discretion (Uhle v. Burnham, C. C., 46 F. 500),.I am inclined, under the circumstances' in this case, to disallow the application for such security. Cf. Cavicchi v. Mohawk Mfg. Co., Inc., D.C., 27 F.Supp. 981.

The motion to vacate the ex parte order of February 24, 1941 is granted.

Cite This Page — Counsel Stack

Bluebook (online)

38 F. Supp. 454, 1941 U.S. Dist. LEXIS 3488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minneapolis-gasoline-fuel-co-v-ethyl-gasoline-corp-nysd-1941.

Opinion

Related

Cite This Page — Counsel Stack