Legal Opinion

Popeil Brothers, Inc. v. Schick Electric, Inc.

Court of Appeals for the Seventh Circuit

Decided May 6, 1975No. 74-1975PublishedCited by 85 opinions

1Opinion of the Court

SPRECHER, Circuit Judge.

The most significant issue presented by this appeal is whether the district court abused its discretion under Rule 54(d) of the Federal Rules of Civil Procedure by setting aside the taxing of costs in favor of the prevailing party against the unsuccessful party in a case where the judgment dismissing the complaint was silent as to costs and both parties acted in good faith in the prosecution and defense of the proceeding.

I

The plaintiff patent owner sought injunctive relief and damages in separate but consolidated complaints charging each of the defendants with…

2Cases cited15 opinions

  1. Ex Parte PetersonSupreme Court of the United States · 1920
  2. Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
  3. Chicago Sugar Co. v. American Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1949
  4. Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
  5. Lichter Foundation, Inc. v. Russell A. Welch, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1959

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

3Cited by85 opinions

  1. Charles N. Schwarz, Jr. v. Harry Folloder, Alexander Grant & CompanyCourt of Appeals for the Fifth Circuit · 1985
  2. Bruce D. Wellman, Cross-Appellees v. Gordon H. Faulkner, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1983
  3. Ruth Gilchrist, Cross-Appellee v. William Bolger, Postmaster General, United States Postal Service, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1984
  4. The Association Of Mexican-American Educators v. State Of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
  5. Herbert F. McGill v. Gordon H. Faulkner, Cloid L. Shuler, Jack R. DuckworthCourt of Appeals for the Seventh Circuit · 1994

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

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