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Metropolitan By-Products Co. v. Langevin

175 A.D. 942 Court N.Y. App. Div. Docket Appeal No. 2; Appeal No. 1 English

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p. 942
Metropolitan By-Products Company, Inc., Appellant, v. William P. Langevin, Respondent, Impleaded with Rodger P. Doyle, Defendant. Metropolitan By-Products Company, Inc., Appellant, v. William P. Langevin and Another, Respondents, Impleaded with Others, Defendants.
(Appeal No. 2.)
(Appeal No. 1.)

— The extraordinary proceedings disclosed by the affidavits present an exceptional ease with an urgent municipal situation of which a court of equity should take cognizance. The orders appealed from are reversed, with ten dollars costs and disbursements, on condition that plaintiff stipulate within five days for a trial on the merits at the November Special Term. Carr, Stapleton, Mills Rich and Putnam, JJ., concurred.