Legal Opinion
Ronson Art Metal Works, Inc. v. Comet Import Corp.
District Court, S.D. New York
Decided March 7, 1952PublishedCited by 4 opinions
1Opinion of the Court
MURPHY, District Judge.
Two questions are presented by this motion to remand: (1) Whether a cause of action in unfair competition may be deemed one based upon the Lanham Act, 15 U.S. C.A. § 1126(b), (h) and (i), for purposes of removal to a Federal court; and (2) Whether both defendants must join in the petition for removal in the instant case.
Summons and complaint were served upon the Comet Import Corporation on November 27, 1951, and upon B. Gertz Inc. on the following day, in plaintiff’s action for unfair competition seeking injunction, accounting and damages in the New York State Supreme…
2Cases cited15 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
- Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
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3Cited by4 opinions
- Walsh v. American Airlines, Inc.District Court, E.D. Kentucky · 1967
- JH Smith Co. v. Jordan Marsh CompanyDistrict Court, D. Massachusetts · 1958
- Sellers v. BardillDistrict Court, W.D. Kentucky · 1955
- United States Fidelity & Guaranty Co. v. MontgomeryDistrict Court, E.D. Pennsylvania · 1957