Legal Opinion

Klar v. Firestone Tire & Rubber Co.

District Court, S.D. New York

Decided January 16, 1953PublishedCited by 15 opinions

1Opinion of the Court

SUGARMAN, District Judge.

Plaintiff moves under F.R.Civ.P. rule 41(a)(2), 28 U.S.C.A., for leave to discontinue his action against defendant, an Ohio corporation, without prejudice so that he may then commence a new action against defendant in Ohio.

The action is based on an alleged written agreement for payment of royalties on his unpatented invention, a “blow out proof” automobile inner tube, and for fraud in the use of disclosures concerning the invention made by plaintiff to defendant

The complaint was filed on October 31, 1952, service was made on November 3, 1952 and an answer was filed on…

2Cited by15 opinions

  1. Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
  2. Bill Phillips v. Illinois Central Gulf RailroadCourt of Appeals for the Fifth Circuit · 1989
  3. Paulino v. TaylorDistrict Court, S.D. New York · 2017
  4. Germain v. Semco Service Machine Co.District Court, E.D. New York · 1978
  5. Thoubboron v. Ford Motor Co.District of Columbia Court of Appeals · 1993

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