Legal Opinion

Alamance Industries, Inc. v. Filene's

Court of Appeals for the First Circuit

Decided May 24, 1961No. 5781PublishedCited by 72 opinions

1Opinion of the Court

ALDRICH, Circuit Judge.

This appeal, involving unsuccessful attempts by a plaintiff to dismiss prior to trial under Fed.R.Civ.P. 41(a) (2), 28 U.S.C., requires an extensive examination of the factual background. Plaintiff-appellant Alamance Industries, Inc., and two other plaintiffs, all North Carolina corporations hereinafter collectively called Alamance, are owners of, and manufacturers under, the so-called Bird patent, No. 2,841,971, issued July 8, 1958. The patent is for a highly compressive, all-nylon, ladies’ stocking allegedly providing substantial therapeutic support. Alamance asserts…

2Cases cited15 opinions

Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
Edward A. Martin v. Graybar Electric Company, Inc.Court of Appeals for the Seventh Circuit · 1959
Barber-Greene Company v. Blaw-Knox Company and All Purpose Spreader CompanyCourt of Appeals for the Sixth Circuit · 1957
Kerotest Mfg. Co. v. C-O-Two Fire Equipment Co.Court of Appeals for the Third Circuit · 1951

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

3Cited by72 opinions

Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
Karin Sofia Ohlander, in the Matter of Julia Larson, a Minor Child, F/k/a Karin Sofia Larson v. Mark Andrew LarsonCourt of Appeals for the Tenth Circuit · 1997
Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
Phillips Usa, Inc. v. Allflex Usa, Inc., and N.J. Phillips Pty., LimitedCourt of Appeals for the Tenth Circuit · 1996

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