Legal Opinion
Walter H. Etherington v. S. M. Hardee, D/B/A Hardee Tool Company
Court of Appeals for the Fifth Circuit
Decided May 4, 1961No. 18563_1PublishedCited by 16 opinions
1Opinion of the Court
JONES, Circuit Judge.
The appellant was plaintiff in a patent infringement suit and takes this appeal from a decree granting a motion of the appellee, who was the sole defendant, to dismiss. The motion was grounded on the assertions that the complaint failed to state a claim on which relief could be granted, and that an indispensable party was not joined. The reasons for the entry of the district court’s decree are set forth in its opinion. Eth-erington v. Hardee, D.C.S.D.Tex.1960, 182 F.Supp. 905.
The narrow question presented for our review was outlined by the district court in the following…
2Cases cited11 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Gayler v. WilderSupreme Court of the United States · 1851
- Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
- United States v. Eben H. Carruthers and Nancy CarruthersCourt of Appeals for the Ninth Circuit · 1955
- Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892
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3Cited by16 opinions
- International Gamco, Inc. v. Multimedia Games, Inc.Court of Appeals for the Federal Circuit · 2007
- CMS Industries, Inc. v. L. P. S. International, Ltd.Court of Appeals for the Fifth Circuit · 1981
- Murray v. Franke-Misal Technologies Group, LLC (In Re Supernatural Foods, LLC)United States Bankruptcy Court, M.D. Louisiana · 2001
- The Duplan Corporation v. Deering Milliken Research Corporation, and Deering Milliken, Inc.Court of Appeals for the Fourth Circuit · 1975
- Agrashell, Inc. v. Hammons Products Co.District Court, W.D. Missouri · 1965
11 more not listed; retrieve them via the Exa API.