Legal Opinion
Creamery Package Mfg. Co. v. Cherry-Burrell Corp.
Court of Appeals for the Third Circuit
Decided November 30, 1940No. 7503PublishedCited by 18 opinions
1Opinion of the Court
MARIS, Circuit Judge.
This appeal is from an order of the District Court for the District of Delaware dismissing a complaint in an action brought by the plaintiff under the Federal Declaratory Judgment Act, Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400. The defendants, the Girdler Corporation and the Cherry-Burrell Corporation, are the owner and sole licensee, respectively, of the Vogt reissue patent No. 21,406. The plaintiff manufactures and sells an ice cream freezer which the defendants claim infringes the Vogt reissue patent.
The plaintiff on March 27, 1940 filed a complaint in which it…
2Cases cited4 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Consumers Finance Service, Inc. of PennsylvaniaCourt of Appeals for the Third Circuit · 1938
- Samuel Goldwyn, Inc. v. United Artists CorporationCourt of Appeals for the Third Circuit · 1940
- United States Fidelity & Guaranty Co. v. KochCourt of Appeals for the Third Circuit · 1939
3Cited by18 opinions
- Carbide & Carbon Chemicals Corp. v. United States Industrial Chemicals, Inc.Court of Appeals for the Fourth Circuit · 1944
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- Aralac, Inc. v. Hat Corporation of AmericaCourt of Appeals for the Third Circuit · 1948
- Franklin Life Ins. Co. v. JohnsonCourt of Appeals for the Tenth Circuit · 1946
- Waialua Agr. Co., Limited v. Maneja Maneja v. Waialua Agr. Co., LimitedCourt of Appeals for the Ninth Circuit · 1949
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