Legal Opinion
Topp-Cola Company, a Corporation v. The Coca-Cola Company, a Corporation
Court of Appeals for the Second Circuit
Decided February 25, 1963No. 27574_1PublishedCited by 38 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
This is an appeal from a summary judgment for the plaintiff in an action for a declaratory judgment pursuant to the Declaratory Judgments Act, 28 U.S. C. § 2201. On a prior motion, Judge Bryan had granted partial summary judgment for the defendant, 185 F.Supp. 700 (S.D.N.Y.1960); no appeal has been taken from that order. The defendant appeals from an order of Judge Murphy of January 31, 1962, which granted the plaintiff’s motion for summary judgment on that portion of the complaint left undisturbed by Judge Bryan’s order. We find that the district court erred in asserting…
2Cases cited14 opinions
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
- Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Oklahoma Packing Co. v. Oklahoma Gas & Electric Co.Supreme Court of the United States · 1940
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.Court of Appeals for the Ninth Circuit · 1982
- National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
- Broadview Chemical Corporation v. Loctite CorporationCourt of Appeals for the Second Circuit · 1969
- Paul A. Muller and Celfil Company Establishment v. Olin Mathieson Chemical CorporationCourt of Appeals for the Second Circuit · 1968
- Ontel Products, Inc. v. Project Strategies Corp.District Court, S.D. New York · 1995
33 more not listed; retrieve them via the Exa API.