order in each instance, the delivery of the same to some specific person or drayman for completion of carriage and delivery to them at their respective places of residence, and that the said defendant railway company and its receivers, officers, agents and servants be commanded to accept, receive, transport and deliver all of such shipments of beer and malt liquors upon reasonable terms and lawful conditions. Let a copy of this order and of the bill of complaint be forthwith served upon the receivers herein named, as well as upon the defendant railway company, and also that a copy hereof, together with a copy of the bill of complaint, be forthwith mailed to George Cosson, attorney general of the state of Iowa, at Des Moines, Iowa. Enter: CARPENTER, Judge. No. 934. Order Granting Temporary Injunction Against Receivers of a Railroad. [Caption.] This cause coming on to be heard on the 21st day of September, 1915, upon application on the part of the plaintiffs for a temporary injunction pending the final hearing of said cause, and it appearing that a copy of the order setting the date of the hearing for the temporary injunction, together with a copy of plaintiffs' bill of complaint, was duly mailed to George Cosson, attorney general of the state of Iowa, on the 15th of September, 1915, and Mr. Frederick W. Zollman and E. B. Cresap, appearing for the plaintiffs, and M. L. Bell appearing for Jacob M. Dickinson and Henry U. Mudge, receivers of the Chicago, Rock Island & Pacific Railway Company, and A. B. Enoch appearing for the defendant railway company, and C. A. Robbins, assistant attorney general of the state of Iowa, appearing on behalf of said state, and after hearing argument and on due consideration of the same, it is, on motion of the solicitors for the plaintiffs, Ordered that defendants, Jacob M. Dickinson and Henry U. Mudge, receivers for the said Chicago, Rock Island & Pacific Railway Company, be and they hereby are restrained and enjoined, pending the final hearing of this cause, from refusing or failing to accept, receive, transport, carry and deliver beer or other fermented malt liquors sold in Minnesota, Wisconsin and Illinois by the plaintiffs, or any of them, or by other persons or corporations similarly situated, to persons residing in Iowa who purchase the same for their own lawful purposes or private consumption, whenever the bona fide consignee shall, in each instance, in writing authorize the delivery of the same to some designated drayman, or other person for the purpose of carrying the same from defendant's railway stations to the residences of such bona fide consignees, in which said writing the consignee shall also certify that said beer and fermented malt liquors are for his own lawful purposes or private consumption, and said receivers are hereby commanded, pending the final hearing of this cause, and until the further order of the court herein, to accept, receive, transport and deliver all of such shipments upon said terms, provided each shipment of such beer or other fermented malt liquors be, before delivery to said defendants for transportation as aforesaid, plainly marked or branded, "Intended for personal use and private consumption." Upon the filing of a bond approved by the court in the sum of one thousand dollars ($1,000), let writ of injunction issue in accordance therewith. Further ordered that leave be and is granted to the state of Iowa to intervene in this suit at any time before final hearing. Taken from Hamm Brewing Co. v. C., R. I. & P. Ry., 7th Cir., No. 2369, Oct. Term, 1915. No. 935. Decree Granting Preliminary Injunction in Case of Trademark, Label, etc. [Caption.] This case having heretofore come on for trial on the rule nisi for preliminary injunction and having been heard and submitted to the court, and the law and the evidence being in favor of the complainant and against the defendant, Louis E. Jung: It is ordered, adjudged and decreed that the rule nisi issued herein be and the same is hereby made absolute as to the defendant, Louis E. Jung, and as to the other defendants said rule be dismissed. And it is further ordered, adjudged and decreed that preliminary injunction issue herein against the said defendant. Louis E. Jung, enjoining the said Louis E. Jung and each of his attorneys, officers, clerks, servants, employes, workmen and representatives, heirs and assigns, and all persons or parties claiming through or from or holding through or under him, under the pain and penalties which may fall upon him in case of disobedience, to forthwith desist from placing or causing to be placed upon liquor the said designation as being distilled with "Carduus Benedictus Herb" or any imitation of complainant's trade-marks, names and labels, and from selling any liquor, other than complainant's liquor, as and for "Benedictine" in any form or by any name or designation in imitation. thereof, or in any manner, that may simulate the liqueur of complainant or resemble complainant's said name and trademarks and labels. And it is further ordered, adjudged and decreed that said Louis E. Jung remain so inhibited and enjoined until the further order of this court in the premises. Dated at New Orleans, La., this 3rd day of May, 1916. (Signed) Taken from Jung v. Societe, etc., 242 Fed. 267. [Caption.] No. 935a. Judge. The President of the United States of America to Louis E. Jung, Greeting: Whereas, it has been represented to us in our district court for the eastern district of Louisiana, in the fifth circuit, on the part of Societe Anonyme de la Distillerie de la Liqueur Benedictine de L'Abbaye de Fecamp, complainant, that it has lately exhibited its bill of complaint in our said district court for the eastern district of Louisiana against you, Louis E. Jung, to be relieved touching matters therein complained of, in which it is stated, among other things, that you are selling a liquor which you designate as being distilled with "Carduus Benedictus Herb" and other herbs, roots and seeds, and which you sell as such in bottles colored and shaped like unto complainant's bottles, bearing labels and seals in imitation of complainant's labels, seals and trade-marks, and that your actings and doings in the premises are contrary to equity and good conscience; and, Whereas, it has been further represented to us in our said. district court that the complainant herein duly registered in the United States patent office at Washington, D. C., in the years 1883 and 1914, its certain trade-marks theretofore adopted, and that you, Louis E. Jung, have infringed the rights secured by the aforesaid registration by offering for sale and selling to others an imitatioin liquor in simulation of the liquor called "Benedictine," manufactured and sold by the complainant, which said imitation liquor you have sold and offered for sale, designated as being distilled with "Carduus Benedictus Herb" and other herbs, roots and seeds, in bottles colored and shaped like unto complainant's bottles, bearing certain labels and seals in imitation of complainant's labels, seals and trade-marks, contrary to the form of the statute in such cases made and provided; Now, therefore, in consideration thereof, and of the particu lar matters in said bills set forth, we do strictly command and enjoin you, said Louis E. Jung, and each of your attorneys, officers, clerks, servants, employes, workmen and representatives, heirs or assigns, and all persons or parties claiming through or from or holding through or under you, under the pain and penalties which may fall upon you in case of disobedience, that you forthwith desist from placing or causing to be placed upon liquor the said designation as being distilled with "Carduus Benedictus Herb" or any imitation of complainant's trade-marks, names and labels, and from selling any liquor, other than complainant's liqueur, as and for "Benedictine" in any form or by any name or designation in imitation thereof, or in any manner that may simulate the liqueur of complainant or resemble complainant's said name and trade-marks and labels; and that you remain so inhibited and enjoined until the further order of our said court in the premises. Witness, the Honorable Rufus E. Foster, judge of the district court of the United States at New Orleans, in the said eastern district of Louisiana, this 3rd day of May, in the year of our Lord one thousand, nine hundred and sixteen. Decree Denying Injunction under Sherman Anti-Trust Act. [Caption.] This cause came on to be heard upon the bill of the United States, the demurrer and answer of the defendants, the affidavits filed by plaintiff and defendants, from all of which the court was of opinion that the plaintiff was not entitled to the injunction prayed for; that the merits of the petition were fully met and denied by the answer, and were not sustained by the proof the court being of the opinion that the association between defendants was not a contract or a combination in restraint of trade, or monopoly of trade and commerce, under the act of Congress of July 2, 1890. It was therefore ordered, adjudged and decreed that the petition filed against the defendants be dismissed, and that petitioner pay the costs of this cause. No. 937. Order to Show Cause Why Injunction should not Issue, etc. [Caption.] Upon reading the bill of complaint herein and the affidavits of G. R. and S. P., and on motion of R. X., solicitor for the plaintiff, it is hereby ordered this that the defendant show cause, if any he has, before the judge day of 1894, |