Legal Opinion

O'Sullivan Rubber Co. v. Genuine Rubber Co.

District Court, D. Massachusetts

Decided June 24, 1922No. 1591Published

In Equity. Suit by the O’Sullivan Rubber Company against the Genuine Rubber Company and another.

1Opinion of the Court

ANDERSON, Circuit Judge.

[1] On receipt of mandate reversing and remanding for further proceedings not inconsistent with the opinion of the Circuit Court of Appeals (279 Fed. 972), plaintiff contends that it is entitled to a decree including an accounting. On this point the opinion says:

“All questions of accounting, including the question of whether the plaintiff is entitled to any accounting, are left open for the District Court to pass upon. See G. & C. Merriam Co. v. Ogilvie, 170 Fed. 167.”

On what basis the court above intended this court to • determine whether the plaintiff is entitled to…

2Cases cited4 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. G. & C. Merriam Co. v. OgilvieCourt of Appeals for the First Circuit · 1909
  4. O'Sullivan Rubber Co. v. Genuine Rubber Co.Court of Appeals for the First Circuit · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API