Legal Opinion
Gibbs v. Emerson Electric Mfg. Co.
District Court, W.D. Missouri
Decided September 18, 1939No. 263PublishedCited by 27 opinions
1Opinion of the Court
REEVES, District Judge.
The two questions among others arising in this case are, first, on a motion to dismiss, and, second, on a motion to quash service of process as to one of the defendants. These will be considered in their order.
On the motion to dismiss: The suit involves a patent infringement, and the plaintiff avers that one of the defendants owned a part interest in said patent and that the plaintiff and said defendant are co-owners of the fee simple title. These averments are covered by paragraphs 5 and 6 of the complaint, and are as follows:
“5. That said Eugene B. Berkowitz has or…
2Cases cited3 opinions
- General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
- Aspinwall, Manuf'g Co. v. GillUnited States Circuit Court · 1887
- McDuffee v. Hestonville, M. & F. Pass. Ry. Co.Court of Appeals for the Third Circuit · 1908
3Cited by27 opinions
- Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
- John R. Willingham, Star Cutter Company, Joined as v. Norman B. Lawton, and Star Cutter Company, PartyCourt of Appeals for the Sixth Circuit · 1977
- Ruddies v. Auburn Spark Plug Co.District Court, S.D. New York · 1966
- Contracting Division, A. C. Horn Corp. v. New York Life Ins.Court of Appeals for the Second Circuit · 1940
- Catanzaro v. International Telephone & Telegraph Corp.District Court, D. Delaware · 1974
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