District Court, D. Massachusetts April 14, 1926, 2541 (American Mercury, Inc. v. Chase)

MORTON, District Judge.

The questions before me arise on the defendant’s motion to dismiss the plaintiff’s bill, and the plaintiff’s motion for an injunction pendente lite. As the facts alleged in the bill are accepted by the motion to dismiss, and those shown by the evidence on the motion for injunction are substantially the same, both questions can conveniently be considered together.