The Detroit times., 1909-12-27
CO.,
BEATEN, TAKES
NEW TACK
Asks Dismissal of Injunction Case
Against EMF Without Preju-
dice" as Preliminary to Suit
for $40, 900, 900 Damages.
Local Concern Wants Squabble
Fought Out in Pending Proceed
ings-Arguments On Today.

BY moving before Judge Swan in
the federal court. Monday. TO dismiss
the bill of complaint Of the Stude-
baker Automobile Co. against the
Everitt-Metzger-Flanders Co., Attor-
ney Otto Kirchner acknowledged the
defeat OF the Studebaker interests In
the proceedings begun in the United
States courts TO enjoin the EMF con-
rectly 10 dealers.
The motion to dismiss this suit was
made as preliminary to the bringing
OF an action by the Studebakers for
damages in which the amount claimed
Will run up to $10.00,000.
What had been most feared by the
Detroit stockholders Of the EMF Co.
and the concerns under contract to
supply 1t With parts was the granting
Of an injunction which would tie up
the business and seriously cripple the
EMF Co. and the other concerns In
terested. as well as causing the loss
OF employment OF thousands OF work
men in Detroit, Pontiac and Port
Huron. his danger is now averted and
the six plants OF the EMF, with other
plants linked to IL by contract, will
run full force.
The EMF and Flanders cars will
also be sold directly to dealers all
over the country and the outlook Is
for a record demand for the cars.
There Is still bitter fight on before
Judge Swan as the attorneys for the
EMF Co. objected to the form and
manner in which dismissal OF the suit
without prejudice" was asked. The
hearing on this phase of the case In
on In the federal court Monday after
noon.
Judge Swan had set the hearing for
10:30 Monday morning and at that
time there was large attendance or
interested spectators. Attorneys Otto
Kirschner, Henry M. Duffield and John
s. Miller. the latter the famous attor-
ney OF the Standard Oil Co.. who sue
ceeded in setting aside the $29. .000,00
fine levied against that trust. appear
ed for the Studebaker Automobile Co.
At another table were Elliott G. Stew
enson. William l.. Carpenter and Hin
ton f. Spalding, attorneys for the
EMF interests. Each side had a
number OF other lawyers and clerks.
Otto Kirchner rose first and sprang
surprise on the EMF counsel by
asking Judge Swan to dismiss the bill
Of complaint OF the Studebaker Auto
bile Co. without prejudice" and with
the costs to be paid upon demand.
Upon being taxed" corrected At
torney Miller. in gruff growl from
behind Kirchner, and tho latter
changed his statements as to costs.
Elliott G. Stevenson arose at once
and objection TO the case being
dismissed without prejudice. He and
the other EMF attorneys want to
fight IL out at once before Judge Swan
on the merits Of the case, in the hope
OF shutting off the claim for damages
Of the Studebakers.
There was short and spirited argu-
ment between Stevenson and Kirch-
ner. and then Judge Swan decided to
let the arguments go over until after
noon. this on motion Of the EMF at
torneys. who evidently wanted a few
hours to plan new campaign.
All the Studebaker attorneys admit
ted that there will be a new suit. start
ed alleging the damage incurred by
the Studebaker Co. through the an
nullment OF the contract by which that
concern was to have the sole market
ing right OF the EMF and Flanders
cars for three years.
"The ad damnum in that suit Will
be about $10,000,000." stated Henry M.
Dufiield.
Ad damrum Is q legal term which
might be translated into non-legal
English as the total amount claimed.