Legal Opinion
Durabilt Steel Locker Co. v. Berger Mfg. Co.
District Court, N.D. Ohio
Decided July 1, 1927No. 2151PublishedCited by 9 opinions
1Opinion of the Court
WESTENHAVER, District Judge.
The bill charges infringement of a patent for an improvement in locks for lockers. Defendant joins to its answer a counterclaim charging infringement by plaintiff of a patent for an improvement in cabinet construction. Plaintiff moves to dismiss this counterclaim, on the ground that it is based on an independent cause of action in no wise growing out of or connected with the cause of action stated in the bill.
The two causes of action are independent and unconnected, and the one set up in the counterclaim does not arise out of the cause of action which is the…
2Cases cited14 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. Taylorcraft, Inc.District Court, W.D. Pennsylvania · 1961
- Austin v. State Ex Rel. HermanCourt of Appeals of Arizona · 1969
- Colletti v. CrudeleAppellate Court of Illinois · 1988
- Deak & Co. v. Soedjono (In Re Deak & Co.)United States Bankruptcy Court, S.D. New York · 1986
- Mayfield v. Sparton Southwest, Inc.New Mexico Supreme Court · 1970
4 more not listed; retrieve them via the Exa API.