Fischer v. Star Co.
District Court, S.D. New York
In Equity. Suits by Harry C. Fischer and by the Wheeler Syndicate, Incorporated, against the Star Company. On motions by defendant to dismiss, and by complainants to remand to state court.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
Both of these suits were brought in the state court for infringement of a registered trade-mark, and were removed to the federal court because a federal question was involved. Thereupon the complainants amended the bills, omitting all mention of the registered trade-mark, and alleged unfair competition. Now the defendant moves to dismiss on the ground that no federal questions are involved, and the complainants move to remand on the same ground.
Defendant urges that this court, having once acquired jurisdiction, cannot be deprived of it by the amendment of the…
2Cases cited3 opinions
- Texas Transportation Co. v. SeeligsonSupreme Court of the United States · 1887
- Lawrence v. Southern Pac. Co.U.S. Circuit Court for the District of Eastern New York · 1910
- Cassidy v. Atlanta & C. A. L. Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1901
3Cited by7 opinions
- Brown v. Eastern States CorporationCourt of Appeals for the Fourth Circuit · 1950
- Highway Const. Co. v. McClellandCourt of Appeals for the Eighth Circuit · 1926
- Daland v. Hewitt Soap Co.District Court, S.D. New York · 1939
- Comstock v. MorganDistrict Court, W.D. Missouri · 1958
- Jellison v. Krell Piano Co.District Court, E.D. Kentucky · 1917
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