UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
January 21, 1953
JOSEPH H. LYONS AND JESSIE H. LYONS, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS UNDER THE NAME AND STYLE OF LYONS ELECTRICAL DISTRIBUTING COMPANY
WESTINGHOUSE ELECTRIC CORPORATION AND GENERAL ELECTRIC COMPANY.
Before SWAN, Chief Judge, CLARK and FRANK, Circuit Judges.
Action for treble damages under the antitrust laws, wherein the plaintiffs moved to stay Westinghouse Electric Corporation from prosecuting a prior action brought by it in a state court against the movants for breach of contract and for an accounting. From an order denying their motion the plaintiffs have appealed. Order affirmed.
Per Curiam: The defendants in the prior state court action brought by Westinghouse raised the defense of illegality of the contract sued upon. Thereafter they brought the present action in the federal court and sought to stay further proceedings in the state court. Judge Bondy rightly held that 28 U.S.C.A. § 2283 prevents the issuance of such a stay. The appellants' attempt to distinguish Red Rock Cola Co. v. Red Rock Bottlers, 5 Cir., 195 F.2d 406, and Bascomb Launder Corp. v. Telecoin Corp., 9 F.R.D. 677 (D.C.S.D.N.Y.) is not persuasive.We agree with those decisions.
The order is affirmed and our mandate will be issued forthwith.
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