Legal Opinion

Contracting Division, A. C. Horn Corp. v. New York Life Ins.

Court of Appeals for the Second Circuit

Decided August 5, 1940No. 314PublishedCited by 21 opinions

1Opinion of the Court

SWAN, Circuit Judge.

The present litigation was initiated in December, 1937, by the filing of a complaint by Contracting Division, A. C. Horn Corporation, charging New York Life Insurance Company, and a contractor employed by it, with infringing the plain tiffs patent No. 1,909,763 for a method of waterproofing masonry; the relief sought was an injunction and accounting. Both defendants filed answers and the Insurance Company counterclaimed for a declaratory judgment that the patent is invalid and not infringed. Eighteen months after the suit was started the plaintiff discovered that prior to…

2Cases cited6 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930
  3. Gibbs v. Emerson Electric Mfg. Co.District Court, W.D. Missouri · 1939
  4. Meinecke v. Eagle Druggists Supply Co.District Court, S.D. New York · 1937
  5. Melekov v. CollinsDistrict Court, S.D. California · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
  2. Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
  3. Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1968
  4. A. L. Smith Iron Co. v. DicksonCourt of Appeals for the Second Circuit · 1944
  5. Helene Curtis Industries, Inc. v. Sales Affiliates, Inc.District Court, S.D. New York · 1952

16 more not listed; retrieve them via the Exa API.

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