Legal Opinion

Diematic Manufacturing Corp. v. Packaging Industries, Inc.

Court of Appeals for the Second Circuit

Decided May 23, 1975No. 728, Docket 74-2452PublishedCited by 33 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

This is an appeal by Packaging Industries, Inc. (Packaging) from an order of Hon. Lloyd F. MacMahon, United States District Judge for the Southern District of New York, which granted the application of Diematic Manufacturing Corp. (Diematic) to stay arbitration proceedings and denied Packaging’s cross-motion for a stay of the federal action pending arbitration.

In 1965, Packaging commenced an action against Diematic in the court below alleging infringement of its patent No. 3,170,275 entitled “Means for Heat Sealing Lids on Blisters.” That litigation was terminated by a…

2Cases cited13 opinions

  1. Cobbledick v. United StatesSupreme Court of the United States · 1940
  2. Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
  3. Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
  4. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
  5. Ettelson v. Metropolitan Life InsuranceSupreme Court of the United States · 1943

8 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  2. Maryland Casualty Company v. Realty Advisory Board on Labor Relations, Gus Bevona, President, Local 32b-32j, Service Employees International UnionCourt of Appeals for the Second Circuit · 1997
  3. Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc. And Bayard Shirt Corporation, and Don Sophisticates, Inc. And Herbert RounickCourt of Appeals for the Second Circuit · 1985
  4. Gulf Life Insurance Company, a Florida Corporation v. Carl J. Arnold, an Individual Residing in the State of TennesseeCourt of Appeals for the Eleventh Circuit · 1987
  5. Patten Securities Corp., Inc. v. Diamond Greyhound & Genetics, Inc.Court of Appeals for the Third Circuit · 1987

28 more not listed; retrieve them via the Exa API.

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