# Dr. Miles Medical Co. v. Goldthwaite

> U.S. Circuit Court for the District of Massachusetts · September 20, 1904 · 133 F. 794

URL: https://www.frixlaw.com/law-library/cases/8755947

## Case

- **Full name:** DR. MILES MEDICAL CO. v. GOLDTHWAITE
- **Court:** U.S. Circuit Court for the District of Massachusetts
- **Decided:** September 20, 1904
- **Citations:** 133 F. 794; 1904 U.S. App. LEXIS 5127
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Colt
- **Judges:** Colt
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8755947

## Opinion text

COLT, Circuit Judge.
On this motion for a preliminary injunction the defendant has filed no counter affidavits in reply to the moving affidavits of the complainant, nor has the defendant’s counsel filed any brief in reply to the exhaustive printed brief of the other side. From these circumstances it looks as if the defendant did not seriously intend to contest the granting of this motion. The complainant has taken the testimony of the defendant. Upon that testimony alone, and especially upon that portion of it in which he states his connection with George M. Lilley, and the manner and circumstances under which he obtained the proprietary medicines in question through Lilley, the complainant is entitled to a preliminary injunction. See Sperry & Hutchinson Co. v. Mechanic’s Clothing Co. (Circuit Court of the United States, District of Rhode Island, February 15, 1904, opinion by Judge Brown) 128 Fed. 800 .
Motion granted April 25, 1904.
September 25, 1904, on complainant’s motion, the preliminary injunction was made perpetual.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8755947. Public record. Not legal advice.