Opinion · Court of Appeals for the Fifth Circuit
Home Decorators, Inc. v. Herfort
Home Decorators, Inc. v. Herfort, 179 F.2d 398 (5th Cir. 1950)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1950-01-30
- Topic
- general
PER CURIAM. This is an appeal from an order denying a preliminary injunction in a suit brought by the Home Decorators, Inc., a New York corporation, to restrain John Her-fort, owner of a jewelry store in Rosenberg, Texas, from making any statement or giving his opinion of the relative value, merits, or wearing qualities, of silver-plated ware sold by appellant. The district court, having ordered the hearing to be on written affidavits, held that the case, as presented, did not justify the issuance of a preliminary injunction, and in so doing we think there was no abuse of discretion. Therefore, the order appealed from is affirmed. Ex parte Tucker, 110 Tex. 335, 220 S.W. 75; Gibralter Savings & Building Ass’n et al. v.
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This is an appeal from an order denying a preliminary injunction in a suit brought by the Home Decorators, Inc., a New York corporation, to restrain John Her-fort, owner of a jewelry store in Rosenberg, Texas, from making any statement or giving his opinion of the relative value, merits, or wearing qualities, of silver-plated ware sold by appellant. The district court, having ordered the hearing to be on written affidavits, held that the case, as presented, did not justify the issuance of a preliminary injunction, and in so doing we think there was no abuse of discretion. Therefore, the order appealed from is affirmed. Ex parte Tucker, 110 Tex. 335, 220 S.W. 75; Gibralter Savings & Building Ass’n et al. v. Isbell et al., Tex.Civ.App., 101 S.W.2d 1029.
Affirmed.