Legal Opinion
McNamara v. Powell Muffler Co.
District Court, N.D. New York
Decided March 8, 1941No. 352PublishedCited by 2 opinions
1Opinion of the Court
BRYANT, District Judge.
The case is here on motion to strike certain portions of the answer and counterclaim. The action arises out of alleged *181patent infringement. Defendants, by answer, deny infringement and validity of the patent and, by “counter-claim”, seek a declaratory judgment and injunctive relief. Succinctly speaking, plaintiff moves to strike from the answer and counterclaim all allegations that put in issue the validity of his patent.
Powell and McNamara have been in litigation, over the patent and the subject matter thereof, for so long a period and in so many courts, State and…
2Cases cited13 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Hill v. WoosterSupreme Court of the United States · 1890
- E. W. Bliss Co. v. Cold Metal Process Co.Court of Appeals for the Sixth Circuit · 1939
- Cleveland Trust Co. v. BerryCourt of Appeals for the Sixth Circuit · 1938
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3Cited by2 opinions
- Old Charter Distillery Co. v. Continental Distilling Corp.District Court, D. Delaware · 1956
- Zalkind v. ScheinmanDistrict Court, S.D. New York · 1948