Individual Drinking Cup Co. v. Public Service Cup Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of Ñew York; Thomas I. Chatfield, Judge. Action by the Individual Drinking Cup Company against the Public Service Cup Company. After decree and appeal, complainant applied to strike out a certain clause from the decree of the court below (261 Fed. 555). Insertion of clause held error.
1Per curiam
[ 1 ] The proper practice would be for the plaintiff to appeal from an order to be entered by Judge Chatfield in accordance with his opinion dated October 20, 1919, denying its motion to strike out from the decree of June 15, 1918, entered under our mandate of May 27, 1918, the provision as to the defendant’s free dispenser, Plaintiff’s Exhibit Push Button Bracket. As, however, he has held up the matter, suggesting an application to this court, and both parties, in order to avoid the delay and expense of an appeal, prefer this course to be taken, we will state what we meant by our said…
2Cases cited1 opinion
- Individual Drinking Cup Co. v. Public Service Cup Co.Court of Appeals for the Second Circuit · 1918
3Cited by5 opinions
- E. L. Cord, Individually and Doing Business as Los Angeles Broadcasting Company, and v. Calvin J. Smith, AndCourt of Appeals for the Ninth Circuit · 1966
- Goldwyn Pictures Corp. v. Howells Sales Co.Court of Appeals for the Second Circuit · 1923
- Epstein v. GoldsteinCourt of Appeals for the Second Circuit · 1940
- Crane Co. v. American Standard, Inc.District Court, S.D. New York · 1971
- E. L. Cord, Individually and Doing Business as Los Angeles Broadcasting Company, and v. Calvin J. Smith, AndCourt of Appeals for the Ninth Circuit · 1966