Legal Opinion

Schmikler v. Petersime Incubator Co.

Court of Appeals for the First Circuit

Decided November 15, 1949No. 4423PublishedCited by 6 opinions

1Opinion of the Court

CLIFFORD, District Judge.

This is an appeal from an order granting defendant’s motion to dismiss.

In January of 1947, the plaintiff, a resident of Massachusetts, filed his complaint solely on diversity grounds in the United States District Court for the District of Massachusetts, alleging breach of warranty in goods sold by the defendant, an Ohio corporation, to the plaintiff. Damages in the amount of $10,000 were claimed.

This suit by the plaintiff was commenced by the service of summons upon one Austin Callander, a representative of the defendant, at Boston. On February 21, 1947, the defendant…

2Cases cited13 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
  3. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  4. People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
  5. Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917

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

3Cited by6 opinions

  1. Kenny v. Alaska Airlines, Inc.District Court, S.D. California · 1955
  2. Brewster v. Boston Herald-Traveler CorporationDistrict Court, D. Maine · 1956
  3. Nichols v. Cowles Magazines, Inc.District Court, D. Massachusetts · 1952
  4. Wadell v. Green Textile Associates, Inc.District Court, D. Massachusetts · 1950
  5. Insurance Co. of North America v. Lone Star Package Car Co.District Court, S.D. Texas · 1952

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

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