Legal Opinion
Burger King Corp. v. Family Dining, Inc.
District Court, E.D. Pennsylvania
Decided February 7, 1977No. Civ. A. 75-1290PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HANNUM, District -Judge.
Presently before the Court is defendant’s motion for an involuntary dismissal in accordance with Rule 41(b), Federal Rules of Civil Procedure, advanced at the close of plaintiff’s case. The trial is before the Court sitting without a jury.
In bringing the suit plaintiff seeks a determination under the Declaratory Judgment Act, Title 28, United States Code § 2201, that a contract between the parties, by its own terms, is no longer of any force and effect. A request for declaratory relief is appropriate in a case such as this where the primary question…
2Cases cited6 opinions
- Ungar v. Dunkin' Donuts of America, Inc.Court of Appeals for the Third Circuit · 1976
- United States Fidelity & Guaranty Co. v. KochCourt of Appeals for the Third Circuit · 1939
- Barraclough v. Atlantic Refining Co.Superior Court of Pennsylvania · 1974
- Continental Supermarket Food Service, Inc. v. SoboskiSuperior Court of Pennsylvania · 1967
- Feinberg v. Automobile Banking CorporationDistrict Court, E.D. Pennsylvania · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nederlandse Draadindustrie NDI B v. v. Grand Pre-Stressed Corp.District Court, E.D. New York · 1979
- Delaware State University Student Housing Foundation v. Ambling Management Co.District Court, D. Delaware · 2008
- Babst v. FMC Corp.District Court, S.D. Mississippi · 1986
- Craig Food Industries, Inc. v. Taco Time International, Inc.District Court, D. Utah · 1979
- American Original Corp. v. Legend, Inc.District Court, D. Delaware · 1986
10 more not listed; retrieve them via the Exa API.