Mahlon Pitney

“ This suit was commenced July 9, 1913, in the District Court of the United States for the Northern District of West virginia. The plaintiff, the Eagle Glass & Manufacturing Company, is a West Virginia Corporation having its principal place of business in that state. The defendants, Rowe and four others, were then the chief executive officers of the American Flint Glass Workers' Union. The defendants were sued individually and as such officers. Jurisdiction was rested wholly on diversity of citizenship, defendants being alleged to be all citizens of Ohio. ”

“ The allegation in the answer was supported by further affidavits of the parties, which were uncontradicted. The District Court, nevertheless, granted on January 17, 1914, a temporary injunction against all the then defendants (including these eight) substantially in the terms of the restraining order. ”

“ The petition for certiorari having been granted, the decree should, in my opinion, be affirmed for the reasons stated by the Circuit Court of Appeals and in the dissent in Hitchman Coal & Coke Company v. John Mitchell et al., 245 U.S. 229, 38 Sup. Ct. 65, 62 L. Ed. --.
Mr. Justice HOLMES and Mr. Justice CLARKE concur in this dissent. ”