Legal Opinion
American Foresight of Philadelphia, Inc. v. Fine Arts Sterling Silver, Inc.
District Court, E.D. Pennsylvania
Decided January 4, 1967No. Civ. A. 39988PublishedCited by 10 opinions
1Opinion of the Court
HIGGINBOTHAM, District Judge.
OPINION
The instant matter is before this Court on a motion by the defendants to dismiss three counts of the plaintiffs’ complaint for lack of subject matter jurisdiction. The plaintiffs have brought suit alleging copyright infringement and have joined with their complaint three counts alleging unfair competition. Plaintiffs rely on 28 U.S.C. § 1338(b) to sustain the unfair competition claims.
The defendants’ motion poses the question whether the federal and non-federal claims are “related” within the meaning of § 1338(b) so that the jurisdiction of this Court can…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Hurn v. OurslerSupreme Court of the United States · 1933
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
- Musher Foundation, Inc. v. Alba Trading Co.Court of Appeals for the Second Circuit · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Astor-Honor, Inc. v. Grosset & Dunlap, Inc., and William F. Buckley, Jr., Bantam Books, Inc. And Arlington House, Inc.Court of Appeals for the Second Circuit · 1971
- Lone Ranger Television, Inc. v. Program Radio Corp.Court of Appeals for the Ninth Circuit · 1984
- Seven-Up Bottling Company, Etc. v. The Seven-Up Company, Etc., and Seven-Up Services Incorporated, Etc.Court of Appeals for the Eighth Circuit · 1977
- Seven-Up Bottling Co. v. Seven-Up Co.District Court, E.D. Missouri · 1976
- Chapiewsky v. G. Heileman Brewing CompanyDistrict Court, W.D. Wisconsin · 1968
5 more not listed; retrieve them via the Exa API.