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The New York Times, August 10, 1886


PHILADELPHIA, Aug. 9. - Judge Butler, in the United States District Court, rendered a decision to-day in the application of Samuel L. Clemens (Mark Twain) in behalf of C. L. Webster & Co. of Hartford, Conn., for a preliminary injunction to restrain sale of copies of Gen. Grant's personal memoirs in this city by John Wanamaker & Co. In his opinion Judge Butler says: "If this case was substantially identical with the publishing company against Smith, recently decided by the Circuit Court for Ohio, we would esteem it our duty to follow the ruling in that case and grant the writ. It is not, however. IN some material respects the cases are clearly distinguishable. The one before us seems to resemble Clemens against Estes, 22 Fed. Rep., 899, in which the writ was refused. As the question must be further considered on final hearing, when the facts may be more fully developed, it would be unwise to discuss it at this time. After full consideration the complainant's rights, as disclosed by the affidavits and accompanying papers, are not deemed sufficiently clear to warrant the preliminary writ asked for."

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