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vision, or close down said wells if he shall deem it advisable to do so; and he shall sell at market prices the oil and gas so produced and pay out of the proceeds the necessary expenses of operation and supervision. Full and accurate accounts shall be kept by the receiver of all oil and gas so produced and of the proceeds derived from their sale and the expenses paid therefrom; and these accounts shall be kept in such way that they will show separately the production, proceeds and expenses pertaining to each well so that the net proceeds may be ultimately awarded to the rightful claimant.

5. Before entering upon his duties the receiver shall execute a bond to be approved by the court in the sum of One Hundred Thousand Dollars for the faithful performance of his duties including the disbursement and payment according to the court's direction of all moneys which may come into his hands in the course of the receivership.

6. The receiver shall receive such compensation for his services as may be fixed hereafter by the court.

7. The defendant, the State of Texas, and the complainant, the State of Oklahoma, and their respective officers, agents and employees, and all persons now in possession of any of the said lands or claiming any right, title or interest therein, are directed to deliver possession thereof to the said receiver and are enjoined until the further order of this court from removing any of the property hereinbefore described from said lands and from conducting any oil or gas mining operations thereon save under the direction and supervision of the receiver and from interfering with the possession, control or operations of the receiver.

8. As to such of the land before described as is not claimed by the defendant, the State of Texas, in its proprietary capacity said State shall have fifteen days within which to file a response to the intervener's motion for an injunction and receiver; and on the filing of such response the State of Texas or any claimant claiming under a patent lease or permit from that State shall be at liberty to request any modification of this order deemed essential or appropriate for the right or full protection of the interest of such State or claimant.

9. Either the plaintiff, the State of Oklahoma, or the intervener, the United States, may by an amendment of its pleading make any claimant claiming under the State of Texas or any other claimant a party to the cause and have the requisite process issued and served, so that all parties claiming an interest in the subject-matter may be before the court. And the like permission is granted to the State of Texas in respect of parties claiming under the State of Oklahoma or the United States.

FORM XXXVII.-ORDER OF INTERVENTION AS DEFENDANTS. [Ex parte Jordan, 94 U. S. 248.]

[Title and recitals.]

It is hereby ordered that the said petitioners have leave, and leave is hereby granted to them, to intervene in this suit for their own interests,

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and the interests of those whom they represent, and to that end to appear in the suit within three days, as defendants, in the same manner and with like effect as if they were named in the original and supplemental bills as defendants having or claiming an interest: Provided, that said petitioners all appear by the same solicitor or solicitors. This order to

be without prejudice to proceedings already had; but this is not to be construed as depriving the petitioners of leave to apply for a rehearing or review of any order heretofore made, upon due notice to the parties interested.

FORM XXXVIII.-NOTICE OF MOTION TO DISMISS BILL.
[District] Court of the United States, for the Southern District of
New York.

JOHN ABER

against

WILLIAM WATERS.

SIRS:

PLEASE TAKE NOTICE, That upon the bill of complaint herein, which was filed in the office of the clerk of this Court on the 19th day of March, 1913, I shall move, this Court on Monday, April 7th, 1913, at the opening of Court on that day, or as soon thereafter as counsel can be heard, for an order dismissing said bill of complaint for want of equity and for such other and further relief in the premises as may be just.

То

Dated, New York, April 2d, 1913.

MESSRS. GREEN & BLACK,

Solicitors for Defendant,

115 Broadway, New York.

Yours, &c.,

JAMES BROWN,
Plaintiff's Attorney,

35 Wall Street, New York.

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[Temporary Restraining Order.]

And now, on this thirty-first day of October, 1919, at 10:40 A. M., this cause coming on to be heard on the motion of the Plaintiff for a tem

porary restraining order, as prayed in said Bill, and Plaintiff having exhibited its sworn Bill to the Honorable Albert B. Anderson, Judge of the United States District Court for the District of Indiana, and the Court now being fully advised in the premises and having heard read said Bill,

It is ordered that a temporary restraining order issue out of and under the seal of this Court commanding the said defendants, Frank J. Hayes, John L. Lewis [here were inserted the names of other defendants], both individually and in their representative capacities as officers of the International Union, United Mine Workers of America, or as members of said organization or any of its district or local unions or any committee thereof, and all persons combining, conspiring, agreeing or arranging with them, and all other persons whomsoever, not to issue any message that the strike of the miners and mine workers in the bituminous coal fields of the United States, heretofore ordered by the said Defendants, or some of them, to take effect at midnight on October 31, 1919, is to be enforced as previously announced or otherwise and to desist and refrain from doing any further act whatsoever to bring about or continue in effect the above described strike and cessation from work on the part of the miners and mine workers in the bituminous mines; from issuing any further strike orders to local unions and members of local unions or to district unions for the purpose of keeping such strike in effect, or for the purpose of supporting such strike by bringing about or maintaining any other strikes; from issuing any instructions, written or oral, covering or arranging for the details of enforcing such strike ordered to begin at midnight on October 31, 1919; from issuing any messages of encouragement or exhortation to striking miners or mine workers or unions. thereof to abstain from work and not to return to the mines in pursuance of such strike; and from issuing and distributing or taking any steps to procure the issuance or distribution, to miners and mine workers striking and abstaining from work in pursuance of such strike, of socalled strike benefits or sums of money previously accumulated or subsequently acquired to assist such striking miners and mine workers to subsist while striking or to aid them in any way by reason of or with reference to such strike and abstaining from work, and from conspiring, combining, agreeing or arranging with each other or any other person to limit the facilities for the production of coal, or to restrict the supply or distribution of coal or from aiding, or abetting the doing of any such act or thing.

It is further ordered that the aforesaid temporary restraining order shall be in force and binding upon such of said Defendants as are named herein from and after the service upon them severally of this writ by delivering to them severally a copy of this writ, or by reading the same to them, and the service upon them respectively of this writ of subpoena herein.

It is further ordered that this cause be set down for hearing, upon the application for temporary injunction, on the 8th day of November, 1919,

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at 10 o'clock, A. M., in the United States District Court Room, in the City of Indianapolis, Indiana; and the said Defendants and each of them are hereby notified of said hearing and this temporary restraining order shall remain in full force and effect until said hearing and the further order of the Court.

ALBERT B. ANDERSON,

United States District Judge.

FORM XL. INJUNCTION ORDER AGAINST INFRINGEMENT OF

TRADEMARK.

[Baglin v. Cusenier Co., 221 U. S. 580, in which the author was counsel.] [Title.]

This cause coming on to be heard upon the order to show cause, and upon the bill of complaint and the annexed affidavits and exhibits therein referred to, and upon the answering affidavits of the defendant, and Philip Mauro, Esq., being heard from the motion, and Hubert Howson, Esq., being heard in opposition, and the Court being fully advised in the premises, now, upon motion of complainant's solicitor, it is this day

Ordered, that the Cusenier Company, its associates, successors, assigns, officers, managers, servants, clerks, agents and workmen, and each of them, be and they hereby are enjoined until further order of this Court from selling or offering for sale any cordial, not made by the Carthusian Monks, in packages which, by the collocation of emblems and inscriptions found upon the packages or upon the bottles, simulate the well-known packages or bottles in which complainant's association have heretofore offered their cordial for sale in this country; or from offering for sale any cordial, not made by the Carthusian Monks, in bottles bearing the yellow label having the lettering, etc., which simulate the bottles or the labels in which complainant's association has heretofore offered their cordial for sale in this country; or from making use of any labels upon bottles (or upon the corks of bottles), containing cordial not made by the Carthusian Monks, which simulate the labels which complainant's association have heretofore used upon its cordial for sale in this country. (Signed) E. HENRY LACOMBE, U. S. C. J.

FORM XLI.-NOTICE OF INJUNCTION.

[The Colliery Engineer Co. v. Ewald and others, 126 Fed. 843, in which the author was counsel.]

[Title.]

To the above defendants and each of them:

You are herewith served with a copy of the decree and injunction which have been entered and issued in the above suit and we particularly call your attention to the following:

1. That by the injunction you are required by the Court to abstain henceforward from directly or indirectly publishing, printing, selling or exposing for sale or otherwise disposing of or giving away or causing or being in any way concerned in publishing, selling or exposing for sale or otherwise disposing of or giving away any of the books or drawingplates designated in said injunction, or any part thereof, and from, in any way, infringing the copyrights designated in said injunction.

2. That by the decree you are furthermore required, among other things, to surrender and deliver up to the Clerk of this Court to be cancelled and destroyed, all copies on hand of the infringing books and drawing-plates designated therein. The Clerk of the Court will be prepared to receive this surrender and delivery from you at his office in the Post Office Building in this City, on Saturday, January 11, 1902, at 11 A. M. Dated N. Y., January 9, 1902.

Yours etc.,

GIFFORD & BULL,

Complainant's Solicitors.

FORM XLII.-WRIT OF INJUNCTION AGAINST INFRINGEMENT

OF COPYRIGHT.

[126 Fed. 843, in which the author was counsel.]

UNITED STATES OF AMERICA, DISTRICT COURT OF THE UNITED STATES, FOR THE SOUTHERN DISTRICT OF NEW YORK.

[In Equity.]

THE PRESIDENT OF THE UNITED STATES OF AMERICA, To Fred. W. Ewald, Charles W. Ackerman, Adolf Weiser, John Doe and Richard Roe, late doing business as F. W. Ewald & Co., The United Correspondence Schools Co., Louis Stettiner, Martin Stettiner and Julius M. Stettiner, doing business as Stettiner Bros., their and each of their servants, agents, attorneys, employees, workmen, and confederates, and each and every of them, GREETING:

WHEREAS, it hath lately been represented to us in our said Circuit Court of the United States, sitting as a Court of Equity, on the part of The Colliery Engineer Company, renamed International Text Book Company, the complainant, that it, the said complainant, has lately exhibited its bill of complaint against you, the said Fred W. Ewald, Charles W. Ackerman, Adolf Weiser, John Doe and Richard Roe, late doing business as F. W. Ewald & Co., The United Correspondence Schools Co., Louis Stettiner, Martin Stettiner and Julius M. Stettiner, doing business as Stettiner Bros., defendants, to be relieved touching the matters therein contained, in which bill it is, among other things, set forth, that copyrights were granted and

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