Legal Opinion

Warner-Lambert Pharmaceutical Co. v. John J. Reynolds, Inc.

District Court, S.D. New York

Decided November 16, 1959PublishedCited by 61 opinions

1Opinion of the Court

BRYAN, District Judge.

Plaintiff sues under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, for a judgment declaring that it is no longer obligated to make periodic payments to defendants based on its manufacture or sale of the well known product “Listerine”, under agreements made between Dr. J. J. Lawrence and J. W. Lambert in 1881, and between Dr. Lawrence and Lambert Pharmacal Company in 1885. Plaintiff also seeks to recover the payments made to defendants pursuant to these agreements since the commencement of the action.

Plaintiff is a Delaware corporation which…

2Cases cited35 opinions

  1. Auten v. AutenNew York Court of Appeals · 1954
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
  4. Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
  5. Radio City Music Hall Corp. v. United StatesCourt of Appeals for the Second Circuit · 1943

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3Cited by61 opinions

  1. Chapman v. New York State Division for YouthCourt of Appeals for the Second Circuit · 2008
  2. Consolidated Theatres, Inc. v. Theatrical Stage Employees Union, Local 16California Supreme Court · 1968
  3. Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
  4. Battery Steamship Corp. v. Refineria Panama, S. A. And United States of AmericaCourt of Appeals for the Second Circuit · 1975
  5. Payroll Express Corporation, Cross-Appellee v. The Aetna Casualty and Surety Company, Cross-AppellantCourt of Appeals for the Second Circuit · 1981

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