Legal Opinion
Tempco Electric Heater Corporation v. Omega Engineering, Inc.
Court of Appeals for the Seventh Circuit
Decided May 14, 1987No. 85-3068PublishedCited by 199 opinions
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
This case requires us to determine whether the district court erred in dismissing a declaratory judgment action brought under 28 U.S.C. § 2201 (1982) 1 on discretionary grounds, because a trademark infringement action involving the same parties and issues was filed shortly after this action. We conclude he did not, and affirm.
I
Plaintiff, Tempco Electric Heater Corporation (“Tempco”) is an Illinois corporation which manufactures electric heaters and accessories for them, including temperature control and measurement devices. It owns a federally registered…
2Cases cited19 opinions
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Perez v. LedesmaSupreme Court of the United States · 1971
- Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
- International Harvester Company v. Deere & CompanyCourt of Appeals for the Seventh Circuit · 1980
- Mission Insurance Company v. Puritan Fashions CorporationCourt of Appeals for the Fifth Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- State Farm Fire & Casualty Company v. Robert Ray Mhoon, Takura Fujiwara, and Melinda Isabel FujiwaraCourt of Appeals for the Tenth Circuit · 1994
- Hyatt International Corp. v. Gerardo CocoCourt of Appeals for the Seventh Circuit · 2002
- Research Automation, Inc. v. Schrader-Bridgeport International, Inc.Court of Appeals for the Seventh Circuit · 2010
- Equal Employment Opportunity Commission v. University of Pennsylvania. Appeal of the Trustees of the University of PennsylvaniaCourt of Appeals for the Third Circuit · 1988
- Amsouth Bank (03-5517) First Tennessee Bank (03-5521) v. George DaleCourt of Appeals for the First Circuit · 2004
194 more not listed; retrieve them via the Exa API.