Legal Opinion

Donald F. Duncan, Inc. v. Royal Tops Manufacturing Company, Inc., and Randy Brown

Court of Appeals for the Seventh Circuit

Decided September 8, 1967No. 15851_1PublishedCited by 18 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

Royal Tops Manufacturing Company, Inc. and Randy Brown appeal from that portion of a judgment of the district court dismissing counterclaims filed by them against Donald F. Duncan, Inc. in a trademark infringement action commenced by Duncan. 1 The principal questions are whether the district court had jurisdiction over the subject matter of the counterclaims and, if so, whether the court properly dismissed them.

This case, which began in 1961, is here for the second time. The complaint originally filed by Duncan charged Royal Tops and Brown with, among other things,…

2Cases cited5 opinions

  1. Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
  2. Connell v. WalkerSupreme Court of the United States · 1934
  3. Donald F. Duncan, Inc. v. Royal Tops Manufacturing Company, Inc., and Randy BrownCourt of Appeals for the Seventh Circuit · 1965
  4. Tinkoff v. GoldCourt of Appeals for the Seventh Circuit · 1944
  5. Nissen Trampoline Company v. American Trampoline Co.District Court, S.D. Iowa · 1961

3Cited by18 opinions

  1. Beckman Instruments, Inc., and Leland C. Clark, Jr., Plaintiffs-Appellants-Cross v. Chemtronics, Inc. And J. Ryan Neville, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1970
  2. Royal Truck & Trailer, Inc. v. Armadora Maritima Salvadorena, S.A.District Court, N.D. Illinois · 1981
  3. Money Store v. Harriscorp Finance, Inc.Court of Appeals for the Seventh Circuit · 1982
  4. Beckman Instruments, Inc. v. Chemtronics, Inc.Court of Appeals for the Fifth Circuit · 1970
  5. In Re Related Asbestos CasesDistrict Court, N.D. California · 1982

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