Legal Opinion

Simmonds Aerocessories v. Elastic Stop Nut Corp.

District Court, D. New Jersey

Decided January 10, 1958No. Civ. A. 259-57PublishedCited by 7 opinions

1Opinion of the Court

WORTENDYKE, District Judge.

Upon my decision in this case reported in 154 F.Supp. 615, and with leave granted in order of October 23, 1957, entered thereon, plaintiff filed an “Amendment to Complaint,” which has evoked defendant’s motions to strike the amendment and to dismiss the (remaining) second count of the complaint. These motions have been briefed and argued.

The first count of the original complaint (for a declaratory judgment) was dismissed by the order of October 23, 1957. That order, however, granted leave to amend paragraph 16 of the first count which, together with the other…

2Cases cited5 opinions

  1. United States v. New Wrinkle, Inc.Supreme Court of the United States · 1952
  2. Landstrom v. ThorpeCourt of Appeals for the Eighth Circuit · 1951
  3. Rick v. United StatesCourt of Appeals for the D.C. Circuit · 1947
  4. Walworth Co. v. Moore Drop Forging Co.Court of Appeals for the First Circuit · 1927
  5. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of AmericaDistrict Court, D. New Jersey · 1957

3Cited by7 opinions

  1. Blue Bell, Inc. v. Jaymar-Ruby, Inc.Court of Appeals for the Second Circuit · 1974
  2. King Automotive, Inc. v. Speedy Muffler King, Inc.Court of Customs and Patent Appeals · 1981
  3. Merry Hull & Company v. Hi-Line Co.District Court, S.D. New York · 1965
  4. Schwinn Bicycle Co. v. Murray Ohio Manufacturing Co.District Court, M.D. Tennessee · 1971
  5. Wrist-Rocket Manufacturing Co., Inc. v. SaundersDistrict Court, D. Nebraska · 1974

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