Legal Opinion

Buddy Systems, Inc., a California Corporation v. Exer-Genie, Inc., a Corporation, and E. E. Holkesvick

Court of Appeals for the Ninth Circuit

Decided November 4, 1976No. 74-1639PublishedCited by 63 opinions

1Opinion of the Court

WALLACE, Circuit Judge:

Exer-Genie, Inc., and Holkesvick (Exer-Genie) appeal from a judgment awarding damages to Buddy Systems, Inc., for the wrongful issuance of a preliminary injunction obtained by Exer-Genie in a pri- or action. The issue we must decide is whether a district court may entertain jurisdiction pursuant to 28 U.S.C. § 1352 1 over a suit on an injunction bond after the bond has been exonerated. We hold that the district court was without jurisdiction to hear this suit and therefore reverse.

I

In 1968 Exer-Genie brought suit against Buddy Systems and several other defendants for…

2Cases cited22 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Stoll v. GottliebSupreme Court of the United States · 1938
  3. Durfee v. DukeSupreme Court of the United States · 1963
  4. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  5. Russell v. FarleySupreme Court of the United States · 1882

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

3Cited by63 opinions

  1. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  2. Instant Air Freight Co. v. C.F. Air Freight, Inc.Court of Appeals for the Third Circuit · 1989
  3. Piambino v. BaileyCourt of Appeals for the Eleventh Circuit · 1985
  4. Habitat Education Center v. United States Forest ServiceCourt of Appeals for the Seventh Circuit · 2010
  5. Coyne-Delany Co., Inc. v. Capital Development Board of the State of Illinois, Defendant-Cross-Plaintiff-Appellant v. Hanover Insurance Company, Cross-Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1983

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

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