The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-01-04
HAVE
TWO INJUNCTION
SUITS PENDING
Fresh Application Made Before
Judge Swan, and Judge War
rington. of Cincinnati, Is Also
Asked for Restraining Order.
In Latest Detroit Action Damages OF
$4,000 and Upward" Also Asked
Against EMF.

The Studebaker Automobile Coz
bill Of complaint against the F. MI
Co, expected since last Thursday
morning. was filed Monday. shortly
before noon, I'm the United States cir
cult court clerks Office.
IL Is u bulky document embi acing
In Its specifications all that has been
alleged before. either in documents OF
In open court. Oh the StudeDaker side
of the controversy since Dec. 8. when
the selling contract entered into was
annulled by the EMF.
An injunction Is asked covering sew
erll phases OF the controversy. The
Studebakers want the contract declar.
ed valid. they want the E-M-F CON-
pany enjoined from selling to anyone
other than the Studebaker Automo-
bile Co. and they ask for damages
also. The amount of the latter Is
placed at $4,000 and upwards.
The principal allegation OF the
Studebakers is that the annulment OF
the contract by President Walter +.
Flanders. or the EMF company, was
I'm contravention Of the bylaws OF the
EMF company. The agreement to
purchase 1920 EMF 80" by the
Studebakers Is denied.
IL is stated that conferences had
been hold with a view TO carrying the
product OF the EMF factory during
the dull season by the purchasing OF
20 cars per day by the Studebakers
and The advancing OF enough money
by rhe latter concern to cover half
the cost OF production OF II additional
chassis per day. This deal was not
closed. the bill shows. but was In con.
temptation when the contract was an
aulled. II is pleaded that no previous
notice OF Intention 10 annul the con-
ract was given.
The statement is set up that the
Studebakcrs are now ready to accept
leo cars and pay for them II is
alleged that contracts for the sale OF
many more cars have been made and
that great loss will result To the Stude-
bakers II they cannot secure the cars
from the EMF company.
That the DILL was drawn up last
week is evidenced by the fact that
the court Is asked 10 enjoin the EMF
directors from meeting Friday last
10 ratify The action OF President Elan
dcrs.
Waiter +. Flanders. W. T. Barbour.
Or. J. Is. Book. Charles l.. Palms and
Gunner Is. Ginderson are made code.
PENDANTS with the EMF company.
An application for an injunction
against the EMF company is pending
before Judge Warrington OF the cir
court court Of appeals in Cincinnati.
and the hearing will be held next Mon
day. AS Judge Severens OF the same
court, and Judge Swan In Detroit.
have already refused TO grant any Ia.
junction. the EMF attorneys are con-
fident OF like result IN the proceed
ings before Judge Warrington.
Beside the pending suit before
Judge Swan, there is also suit in
the Wayne county circuit court in
which the majority stockholders OF
the EMF company seek TO Dust
Messrs Fish, Studebaker and Eames.
the Studebaker representatives on the
directorate OF the Detroit automobile
concern. Gross misconduct and bad
faith are charged. IL being alleged
that the StuGebaker representatives,
while directors OF the EMF company.
planned 10 secure control or that cor
poration and turn II into merger
with their other automobile interests.