Legal Opinion

Grumman Systems Support Corp. v. Data General Corp.

District Court, N.D. California

Decided December 29, 1988No. 88-3342-FMSPublishedCited by 7 opinions

1Opinion of the Court

ORDER

FERN M. SMITH, District Judge.

This matter came on regularly by defendant Data General’s (DG) motion to dismiss, to stay or to transfer this action to the District of Massachusetts. The Court has considered the submissions by the parties and has heard extensive oral argument. For the reasons set forth below, the Court grants the motion to dismiss, without prejudice, so that the action may properly be brought as a counterclaim to DG’s first-*161filed action in the District of Massachusetts.

BACKGROUND

Defendant Data General has a valuable computer program called ADEX. DG has a copyright on the…

2Cases cited14 opinions

  1. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
  2. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  3. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  4. Southern Construction Co. v. PickardSupreme Court of the United States · 1962
  5. John Pochiro and Karen Pochiro, Husband and Wife v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
  2. Competitive Technologies v. Fujitsu Ltd.District Court, N.D. California · 2003
  3. Hart v. Clayton-Parker and Associates, Inc.District Court, D. Arizona · 1994
  4. Southern Union Co. v. Southwest Gas Corp.District Court, D. Arizona · 2001
  5. United States v. One Oil Painting Entitled "Femme en Blanc" by PicassoDistrict Court, C.D. California · 2005

2 more not listed; retrieve them via the Exa API.

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