Legal Opinion
Ostow & Jacobs, Inc. v. Morgan-Jones, Inc.
District Court, S.D. New York
Decided December 16, 1959PublishedCited by 13 opinions
1Opinion of the Court
DIMOCK, District Judge.
This is a motion to dismiss the action as to defendant Morgan-Jones, Inc., hereinafter Morgan-Jones, on the ground that no claim within the jurisdiction of the federal court is made against it.
The action is one for a declaratory judgment that a patent held by defendant Aileen Mills Co., Inc., hereinafter Aileen, is invalid and not infringed and for an injunction and accounting. There was also a claim of monopolistic activities but that has been withdrawn by stipulation.
Both parties have submitted affidavits. It appears from these and from uncontroverted allegations in…
2Cases cited19 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Swift v. TysonSupreme Court of the United States · 1842
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brame v. Ray Bills Finance Corp.District Court, N.D. New York · 1979
- Thiokol Chemical Corp. v. Burlington Industries, Inc.District Court, D. Delaware · 1970
- Government Employees Insurance Company v. LeBleuDistrict Court, E.D. Louisiana · 1967
- Sweeney v. AbramovitzDistrict Court, D. Connecticut · 1978
- Wallace & Tiernan Inc. v. General Electric CompanyDistrict Court, S.D. New York · 1968
8 more not listed; retrieve them via the Exa API.