Legal Opinion
Beaunit Mills, Inc. v. Eday Fabric Sales Corporation
Court of Appeals for the Second Circuit
Decided January 7, 1942No. 124PublishedCited by 40 opinions
1Opinion of the Court
C. E. CLARK, Circuit Judge.
The question herein is whether or not an order refusing trial by jury constitutes a final and appealable judgment of the district court.
Plaintiff sued for a declaratory judgment and extensive injunctive and other relief against a patent, owned and used by defendants, for a method of knitting. Defendants counterclaimed for a .judgment declaring the patent valid and infringed. They also filed demand for trial by jury of all the issues of both complaint and counterclaim. On separate motions by plaintiff the district court dismissed the counterclaim and then “annulled”…
2Cases cited19 opinions
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- American Life Insurance v. StewartSupreme Court of the United States · 1937
- American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
- Clark v. WoosterSupreme Court of the United States · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Hercules & Co. v. Shama Restaurant Corp.District of Columbia Court of Appeals · 1989
- Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp. And Standwear Pleating Co., Inc.Court of Appeals for the Fifth Circuit · 1961
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
- Martha Olson v. Paine, Webber, Jackson & Curtis, Inc.Court of Appeals for the Seventh Circuit · 1986
35 more not listed; retrieve them via the Exa API.