Legal Opinion

Application of State of New York

District Court, S.D. New York

Decided June 1, 1973No. 73 Civ. 1451PublishedCited by 20 opinions

1Opinion of the Court

GURFEIN, District Judge.

This is a motion by Hon. Louis J. Lefkowitz, Attorney General for the State of New York to remand this action which was removed to the Federal District Court from the State Court by the defendants, 28 U.S.C. § 1441. The motion raises a novel question of federal-state jurisdiction in matters relating to patents and trademarks.

The original action was brought by the Attorney General in the Supreme Court, New York County, pursuant to N.Y.Executive Law § 63(12) (McKinney’s Consol.Laws, c. 18, 1972). 1 A motion was made for an order restraining the respondents “from further…

2Cases cited20 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  3. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  4. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
  5. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969

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3Cited by20 opinions

  1. R. G. Barry Corporation v. Mushroom Makers, IncorporatedCourt of Appeals for the Second Circuit · 1979
  2. La Chemise Lacoste v. Alligator Co.Court of Appeals for the Third Circuit · 1974
  3. La Chemise Lacoste, a French Corporation v. The Alligator Company, Inc., a Delaware Corporation, and Third-Party v. Jean Patou, Inc., a New York Corporation, Third-Partydefendant-AppellantCourt of Appeals for the Third Circuit · 1974
  4. Marquette Nat. Bank v. First Nat. Bank of OmahaDistrict Court, D. Minnesota · 1976
  5. First National Bank v. Aberdeen National BankCourt of Appeals for the Eighth Circuit · 1980

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