Legal Opinion
FRA S. P. A. v. Surg-O-Flex of America, Inc.
District Court, S.D. New York
Decided August 15, 1975No. 75 Civ. 3363 (CHT)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
Plaintiffs seek an Order of this Court granting a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. 1 Defendants have cross-moved to dismiss pursuant to Rule 12(b). 2 For the reasons stated below, the motion for a preliminary injunction is granted and the motion to dismiss is denied.
The facts underlying this dispute are fairly simple. Plaintiff, FRA S.p.A. (“FRA”), is the Italian manufacturer of an elasticized, net bandage sold in this country. FRA Surgifix, Inc. is its exclusive United States distributor and a wholly-owned…
2Cases cited10 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
- Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
- Fed. Sec. L. Rep. P 93,503 Paul S. Dopp v. Franklin National Bank, and Butler Aviation International, Inc.Court of Appeals for the Second Circuit · 1972
- Apollo Distributing Company v. Apollo Imports Inc.District Court, S.D. New York · 1972
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- FRA S. P. A. v. Surg-O-Flex of America, Inc.District Court, S.D. New York · 1976
- Estate of Jephson v. CommissionerUnited States Tax Court · 1983
- Smith v. GautreauLouisiana Court of Appeal · 1977
- Estate of Jephson v. CommissionerUnited States Tax Court · 1983