Legal Opinion

Deats v. Joseph Swantak, Inc.

District Court, N.D. New York

Decided June 19, 1985No. 85-CV-36PublishedCited by 9 opinions

1Opinion of the Court

MINER, District Judge.

MEMORANDUM-DECISION and ORDER

I

The instant action arises out of various commercial disputes surrounding a mobile hayfeeder patented by plaintiff Richard Deats in 1973 and sold under the federally registered trademark “Roll-A-Bout.” 1 Originally commenced in New York State Supreme Court, Schoharie County, the action was removed here by defendants on January 10, 1985 pursuant to 28 U.S.C. §§ 1441(c), 1446. 2 Removal jurisdiction is asserted by defendants to be found in 28 U.S.C. § 1388(a) 3 and 15 U.S.C. § 1125(a) (“Lanham Act”). 4 Suggesting that this lawsuit is not…

2Cases cited45 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  3. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951

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3Cited by9 opinions

  1. Foxrun Workshop, Ltd. v. Klone Manufacturing, Inc.District Court, S.D. New York · 1988
  2. Gateway 2000, Inc. v. Cyrix Corp.District Court, D. New Jersey · 1996
  3. Brown v. American Arbitration Ass'nDistrict Court, S.D. New York · 1989
  4. Hoffman v. RobertoDistrict Court, W.D. Michigan · 1988
  5. F.W. Myers & Co. v. World Projects International, Inc.District Court, N.D. New York · 1995

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