Legal Opinion
Vermont Structural Slate Co. v. Tatko Bros. Slate Co.
District Court, N.D. New York
Decided September 16, 1955No. Civ. A. 5587PublishedCited by 17 opinions
1Opinion of the Court
FOLEY, District Judge.
The motion is one for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The suit upon which the motion is based seeks judgment declaring that a certain patent No. 2,693,926, held by John Tatko as inventor, and issued to the defendant as his assignee, is invalid. The rareness of such application for summary judgment in a patent case, together with the continued warnings of the Court of Appeals, Second Circuit, that even in the ordinary lawsuit summary disposition should only be exercised with great care, constitutes a combination that has…
2Cases cited17 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Vermont Structural Slate Company, Inc. v. Tatko Brothers Slate Company, Inc.Court of Appeals for the Second Circuit · 1956
- Johnson Foils, Inc. v. Huyck Corp.District Court, N.D. New York · 1973
- Tatko Bros. Slate Co., Inc. v. Matthew HannonCourt of Appeals for the Second Circuit · 1959
- Vermont Structural Slate Co., Inc. v. Tatko Brothers Slate Co., Inc.Court of Appeals for the Second Circuit · 1958
- Waldron v. British Petroleum Co.District Court, S.D. New York · 1965
12 more not listed; retrieve them via the Exa API.