Legal Opinion
Winsor v. Daumit
Court of Appeals for the Seventh Circuit
Decided February 2, 1950No. 9993_1PublishedCited by 43 opinions
1Opinion of the Court
LINDLEY, Circuit Judge.
Plaintiff instituted action to recover damages for breach of contract. Defendants filed two counterclaims. A motion to dismiss the second counterclaim, which sought a declaratory judgment of invalidity and noninfringement of a copyright owned by plaintiff, was sustained and the counterclaim dismissed. From that order defendants perfected their appeal. The merits of the original claim and those of the first counterclaim remain undetermined in the District Court. Plaintiff insists that an appeal from the order entered does not lie.
Under the Judicial Code, 28 U.S.C.A. §…
2Cases cited14 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Dickinson v. Petroleum Conversion Corp.Supreme Court of the United States · 1950
- Reeves v. BeardallSupreme Court of the United States · 1942
- Audi Vision Inc. v. RCA Mfg. Co.Court of Appeals for the Second Circuit · 1943
- Leonard v. Socony-Vacuum Oil Co.Court of Appeals for the Seventh Circuit · 1942
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Ariola v. NigroIllinois Supreme Court · 1958
- Bendix Aviation Corp. v. GlassCourt of Appeals for the Third Circuit · 1952
- American Federation of Musicians v. SteinCourt of Appeals for the Sixth Circuit · 1954
- Rieser v. Baltimore Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)Court of Appeals for the Second Circuit · 1951
38 more not listed; retrieve them via the Exa API.