The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-12-30
EMF CO. WINS
ANOTHER POINT
Gfudebakers Permitted To Withdraw
Injunction Bill But Are Greatly
Restricted As To New Suit.

A new suit will be filed by the
Studebaker Automobile Co. within a
day or two against the EMF. Co.
based on the selling contract existing
between the two concerns up TO a
short time ago.
But. by the order drawn mp by
Judge Swan. and 10 be signed We'd
nesday afternoon, the powers OF the
Stndebaker Co. in fling this new suit
arc greatly circumscribed. The bill
must be fled within 10 days and in
this court. and no suits may be start
cd In regard TO this subject matter.
the selling contract. in any other
court
The victory, therefore. appears 70
still rest with the EMF. Co, up TO
this point In the litigation. The case
viii have 10 be fought out mere in De-
froit in the federal court. and the
StudebalSer concern is prevented from
starting other and harassing suits
against automobile dealers handling
EMF. cars all over the country
The Studebaker legal forces have
gained the advantage OF being able
20 shift their plea from a bill in
equity. in which an injunction was the
relief sought to a bin in law in which
damages running up 10 millions in
the aggregate may be asked for. The
law bin may include damages based
on the entire three-year period of the
selling contract or on a shorter period.
While Judge swan had informed the
attorneys for both sides last Monday
that they did not need 10 appear in
III nAv.a
day morning. there was goodly squad
OF lawyers present nevertheless. A
surprise was sprung when Judge
Swan declined to allow the plea or
the Studebaker Automobile Co. TO
withdraw the bill of complaint and
dismiss the SUIT without prejudice.
AS his reasons, Judge Swan stated
that the Studebakers could, with this
suit dismissed. bring suit in other
court jurisdictions. Such legal pos
sibility would be unfair on account OF
the large interests involved.
Immediately there began fight by
Attorneys John s. Miller, OF Chicago.
and Otto Kirchner and Henry Nj. Dur
field, OF Detroit. on the part of the
Studebakers. to secure amendment OF
the judges decision. Miller argued
first that the Judge had not the right
to decide as he had done, according
to the law and the presidents.
"This complainant proposes TO en-
force its rights. to enforce its contract
In the circuit court of this jurisdic-
ton. or to recover damages from the
defendant" declared Miller.
Then the Studebaker attorneys de-
clared emphatically that there was
neither an intention to back out or
the fight with the EMF. nor to
pesfer the defendant with litigation
elsewhere. Attorneys -. f. Spalding
and l.. NJ Butzel replied and there
were lively. spats
Finally Attorney Kirchner proposed
a compromise by which the Stude-
baker Co. be allowed TO withdraw its
bill on the understanding that it con-
tinue the proceedings by a new suit
to be fled at once. the affidavits taken
I'm regard to the first case being used
in the second and no other suits TO
be begun. and this was agreed to.
Attorney Duffield objected TO the ad-
vertisements OF the EMF. in the
press OF the country. saying that that
concern was trying 10 get the STUDIO
baker agents away from that concern
Judge Swan decided that no advertise
ments bearing upon the litigation
must be printed.
Kirchner declared that the new
Studebaler bill will he filed Thurs
day. II possible.