Owen v. Brief English Sys., Inc.

Second Circuit

Owen v. Brief English Sys., Inc.

54 F.2d 501, 1931 U.S. App. LEXIS 3953

CourtCourt of Appeals for the Second Circuit

DecidedDecember 7, 1931

StatusPublished

Cited by1 cases

This text of 54 F.2d 501 (Owen v. Brief English Sys., Inc.) 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.

Bluebook

Owen v. Brief English Sys., Inc., 54 F.2d 501, 1931 U.S. App. LEXIS 3953 (2d Cir. 1931).

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Opinion

AUGUSTUS N. HAND, Circuit Judge.

This is a motion to punish the various respondents for contempt of this court upon the theory that they participated in sham and collusive suits.

We have discussed the material facts set forth upon this motion in our opinion on the appeal of John P. Owen in Kingsport Press, Inc., v. Brief English Systems, Inc., 54 F.(2d) 497, to be filed herewith. We there held that the suit by Edgar M. Kitehin was not shown to have been brought in bad faith and that the suit by Kingsport Press, Ine., properly lay. We found that the parties and their attorneys were only seeking to obtain equitable treatment of all creditors and not to interfere with the collection of the judgment of Owen in any illegal way. The affidavits submitted on the present motion add nothing material to what was before us upon the appeal in the suit by Kingsport Press, Inc.

The respondents were therefore not guilty of contempt, and the motion to punish is denied.

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AUGUSTUS N. HAND, Circuit Judge.

This is a motion to punish the various respondents for contempt of this court upon the theory that they participated in sham and collusive suits.

We have discussed the material facts set forth upon this motion in our opinion on the appeal of John P. Owen in Kingsport Press, Inc., v. Brief English Systems, Inc., 54 F.(2d) 497, to be filed herewith. We there held that the suit by Edgar M. Kitehin was not shown to have been brought in bad faith and that the suit by Kingsport Press, Ine., properly lay. We found that the parties and their attorneys were only seeking to obtain equitable treatment of all creditors and not to interfere with the collection of the judgment of Owen in any illegal way. The affidavits submitted on the present motion add nothing material to what was before us upon the appeal in the suit by Kingsport Press, Inc.

The respondents were therefore not guilty of contempt, and the motion to punish is denied.

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54 F.2d 501, 1931 U.S. App. LEXIS 3953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-brief-english-sys-inc-ca2-1931.

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