Legal Opinion

Franklin Computer Corp. v. Apple Computer, Inc. (In Re Franklin Computer Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 21, 1986No. 15-18139PublishedCited by 27 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Chief Judge:

The defendant in this adversary complaint moves for its dismissal, alleging that we lack subject matter jurisdiction. Based on the rationale expressed below, we conclude that we have the requisite jurisdiction and will therefore deny the motion.

The facts of this case are as follows: 1 The debtor is a manufacturer of computers and related equipment. A major portion of its business is based on the manufacture and sale of consoles which are compatible with the defendant’s (“Apple”) brand of computers.

In 1982 Apple instituted suit against the debtor in the…

2Cases cited9 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983
  4. Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1985
  5. Marketing Resources International Corp. v. PTC Corp. (In Re Marketing Resources International Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In Re: Apex Express Corporation Humboldt Express, Incorporated, Debtors. Humboldt Express, Incorporated v. The Wise Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
  2. Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
  3. Bankr. L. Rep. P 72,126 in Re Men's Sportswear, Inc., F/k/a Claude Clement, Ltd., Debtor. Men's Sportswear, Inc. v. Sasson Jeans, Inc.Court of Appeals for the Second Circuit · 1987
  4. In Re Ben Cooper, Inc.Court of Appeals for the Second Circuit · 1990
  5. Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994

22 more not listed; retrieve them via the Exa API.

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