Legal Opinion
Kaufman & Ruderman, Inc. v. Cohn & Rosenberger, Inc.
District Court, S.D. New York
Decided June 16, 1949No. Civ. 33-486PublishedCited by 9 opinions
1Opinion of the Court
HULBERT, District Judge.
Defendant moves under Federal Rules of Civil Procedure, Rules 12(b) and 56, 28 U.S.C.A., to dismiss the second count in the complaint on the ground that the Court lacks jurisdiction of the subject matter and that the second count fails to state a claim on, which relief can be granted. Alternatively defendant moves that if the Court has jurisdiction, it should decline to exercise it because a prior action was started on the same subject matter in the New York Supreme Court and is still pending.
The complaint pleads two counts: (1) plaintiff seeks a judgment pursuant to…
2Cases cited6 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948
- Magic Foam Sales Corp. v. Mystic Foam Corp.Court of Appeals for the Sixth Circuit · 1948
- Atlantic Meat Co. v. Reconstruction Finance Corp.Court of Appeals for the First Circuit · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cowan v. CowanCourt of Appeals of Texas · 1952
- State v. ParrCourt of Criminal Appeals of Texas · 1956
- Eastman Kodak Company v. Velveray CorporationDistrict Court, S.D. New York · 1959
- United Electrical Contractors Association v. OrdmanDistrict Court, S.D. New York · 1965
- Estate of Glenda RhoadesCourt of Appeals of Texas · 2016
4 more not listed; retrieve them via the Exa API.