Legal Opinion

Le Roy v. De Vry Corp.

Court of Appeals for the Second Circuit

Decided December 6, 1926No. 105PublishedCited by 4 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The existence of equitable jurisdiction does not of itself prove the propriety of granting equitable relief. The line of decisions suggested by this appeal furnishes illustrations of this truth.

Against a general demurrer, we held in Tompkins v. International, etc., Co., 183 F. 773, 106 C. C. A. 529, that there was jurisdiction in equity to entertain — i. e., consider —a bill filed three days before expiration of patent. But it does not follow that, because jurisdiction exists, an injunction should issue, much less that an injunction must issue.

There are…

2Cases cited8 opinions

  1. Root v. Railway Co.Supreme Court of the United States · 1882
  2. Clark v. WoosterSupreme Court of the United States · 1886
  3. Tompkins v. St. Regis Paper Co.Court of Appeals for the Second Circuit · 1916
  4. Tompkins v. International Paper Co.Court of Appeals for the Second Circuit · 1910
  5. Stromberg Motor Devices Co. v. Holley Bros. Co.District Court, E.D. Michigan · 1919

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

3Cited by4 opinions

  1. Son v. Pressed Steel Car Co.District Court, S.D. New York · 1927
  2. American Safety Device Co. v. Kurland Chemical Co.Court of Appeals for the Second Circuit · 1934
  3. King Mechanism & Engineering Co. v. Western Wheeled Scraper Co.Court of Appeals for the Seventh Circuit · 1932
  4. Cookson v. Louis Marx & Co.District Court, S.D. New York · 1938

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