Legal Opinion
Display Stage Lighting Co. v. Century Lighting, Inc.
District Court, S.D. New York
Decided November 25, 1941PublishedCited by 1 opinion
1Opinion of the Court
GODDARD, District Judge.
The plaintiff moves for a dismissal of the “Second Defense” pleaded in defendant’s answer upon the ground that it is insufficient in law. The defendant makes a cross motion to dismiss the complaint based upon this second defense.
The complaint seeks a declaratory judgment, Judicial Code, Section 274d, 28 U.S. C.A. § 400, declaring that two patents owned by the defendant are invalid or not infringed. The patents relate to a “Display Light” or lighting fixture.
It is alleged by plaintiff that an actual controversy exists between plaintiff and defendant as the defendant has…
2Cases cited10 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939
- Stentor Electric Mfg. Co. v. Klaxon Co.Court of Appeals for the Third Circuit · 1940
- Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of Luftek, Inc.United States Bankruptcy Court, E.D. New York · 1980