Legal Opinion
Cavicchi v. Mohawk Mfg. Co.
District Court, S.D. New York
Decided June 24, 1940PublishedCited by 5 opinions
1Opinion of the Court
GODDARD, District Judge.
Defendant has moved pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a summary judgment in its favor. There is no dispute as to the facts upon which the motion is made. The questions are — whether or not an arbitration award between the parties to this suit is res adjudicata or is an estoppel, which bars this suit by the plaintiff.
The action is brought for a declaratory judgment to the effect that plaintiff’s product, manufactured under United States Patent No. 2,022,458, does not infringe any of the claims of…
2Cases cited7 opinions
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Becher v. Contoure Laboratories, Inc.Supreme Court of the United States · 1929
- Eskimo Pie Corporation v. National Ice Cream Co.Court of Appeals for the Sixth Circuit · 1928
- Respro, Inc. v. Worcester Backing Co.Massachusetts Supreme Judicial Court · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966
- Kamakazi Music Corp. v. Robbins Music Corp.District Court, S.D. New York · 1981
- Saucy Susan Products, Inc. v. Allied Oil English, Inc.District Court, S.D. New York · 1961
- Vanderveer v. Erie Malleable Iron Co.District Court, W.D. Pennsylvania · 1956
- In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966