Opinion
No. 3569.
April 16, 1940.
Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge.
Action by the Grove Laboratories, Inc., against Brewer Company. From a decree granting plaintiff only part of the relief sought, plaintiff appeals.
Affirmed.
Cedric W. Porter, of Boston, Mass. (George P. Dike, of Boston, Mass., and William Keane Small, of St. Louis, Mo., on the brief), for appellant.
Claude R. Branch, of Boston, Mass. (Charles Ryan, of Boston, Mass., on the brief), for appellee.
Before MAGRUDER and MAHONEY, Circuit Judges, and McLELLAN, District Judge.
This is an appeal by the plaintiff from a final decree for the plaintiff because that decree does not give all the plaintiff wants. The decree was entered pursuant to and for all practical purposes in the precise words of an apparently complete and explicit mandate of this court. The mandate purported to leave nothing to the discretion of the District Judge, who was right in ordering the directed decree. If the plaintiff under the circumstances presented had felt that the mandate should have contained more by way of injunctive relief or otherwise, it could have applied seasonably to this court for its modification. No error inheres in the decree entered in the District Court.
The decree of the District Court is affirmed with costs.