Legal Opinion
Berssenbrugge v. Luce Mfg. Co.
District Court, W.D. Missouri
Decided November 20, 1939No. 73PublishedCited by 47 opinions
1Opinion of the Court
REEVES, District Judge.
By a supplemental bill filed by plaintiffs in this case, they complain of an act of infringement upon a patent entirely different from that which formed the basis of the original action or complaint.
The question for consideration, therefore, is whether a new and distinct cause of action may be introduced into a case by a supplemental bill.
Rule 15 (d) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provide as follows: “Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to…
2Cases cited8 opinions
- Dugas v. American Surety Co.Supreme Court of the United States · 1937
- Jenkins v. International Bank of ChicagoSupreme Court of the United States · 1888
- Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
- International Paper Co. v. Bellows Falls Canal Co.Supreme Court of Vermont · 1914
- Mellor v. SmitherCourt of Appeals for the Fifth Circuit · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Minnesota Mining and Manufacturing Company, a Corporation v. Superior Insulating Tape Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Bonner v. Elizabeth Arden, Inc.Court of Appeals for the Second Circuit · 1949
- United States v. VorachekCourt of Appeals for the Eighth Circuit · 1977
- United States v. Genevieve RussellCourt of Appeals for the First Circuit · 1957
- Bailey v. WilliamsSupreme Court of Missouri · 1959
42 more not listed; retrieve them via the Exa API.