Legal Opinion

Cooper v. Westchester County

District Court, S.D. New York

Decided February 13, 1941PublishedCited by 1 opinion

1Opinion of the Court

HULBERT, District Judge.

Defendant, appearing specially, moved under Rule 12(b) Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint and to quash and vacate the service of the summons and return thereof on the ground that the plaintiff fails to state a claim upon which relief can be granted and that the Court has no jurisdiction over the person of the defendant.

The action is for patent infringement based upon an allegation that defendant through its agent, Westchester County Park Commission, has been unlawfully utilizing a toll checking apparatus…

2Cases cited21 opinions

  1. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  2. City of Pawhuska v. Pawhuska Oil & Gas Co.Supreme Court of the United States · 1919
  3. Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
  4. Thomann v. City of RochesterNew York Court of Appeals · 1931
  5. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907

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3Cited by1 opinion

  1. Cooper v. Westchester CountyDistrict Court, S.D. New York · 1941

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