Legal Opinion · Dissent
Schnell v. Peter Eckrich & Sons, Inc.
Court of Appeals for the Seventh Circuit
Decided June 20, 1960No. Nos. 12901, 12902Published
1DissentPlatt, District Judge
In my opinion Allbright-Nell Company has entered its general appearance in these cases and waived venue as required by § 1400, Title 28 U.S.C.A.
The majority opinion is based primarily upon Freeman-Sweet Co. v. Luminous Unit Co., 7 Cir., 1920, 264 F. 107, certiorari denied 253 U.S. 486, 40 S.Ct. 482, 64 L.Ed. 1025, which presents a different situation than presented here. The district court in the instant case made the following finding of fact:
“The defense of this case has been openly assumed by said Allbright-Nell Company, which concedes that it was and is defending this suit for defendant,…
2Cases cited18 opinions
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- I. T. S. Rubber Co. v. Essex Rubber Co.Supreme Court of the United States · 1926
- Switzer Brothers, Inc. v. Chicago Cardboard Co., Harry P. Locklin and Elmer J. Brant, General Partners, D/B/A Radiant Color Company, Intervening and Counter-Plaintiffs v. Switzer Brothers, Inc., Robert C. Switzer and Joseph L. Switzer, Counter-DefendantsCourt of Appeals for the Seventh Circuit · 1958
- Frasier v. Twentieth Century-Fox Film Corp.District Court, D. Nebraska · 1954
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