Legal Opinion
Leach v. Ross Heater & Mfg. Co.
Court of Appeals for the Second Circuit
Decided April 24, 1939No. 316PublishedCited by 60 opinions
1Opinion of the Court
PATTERSON, Circuit Judge.
The plaintiff brought suit for patent infringement. The defendant put in counterclaim for declaratory judgment that the plaintiff’s patents were invalid or that the defendant did not infringe. On motion by the plaintiff the court • below dismissed the defendant’s counterclaim and the plaintiff’s bill of complaint without prejudice, with costs to the defendant. It also denied a later motion by the defendant to vacate the order of dismissal and for leave to amend the counterclaim. The defendant appeals from both orders.
The suit was commenced in March, 1938, and was the…
2Cases cited23 opinions
- Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Ex Parte Skinner & Eddy Corp.Supreme Court of the United States · 1924
- E. Edelmann & Co. v. Triple-A Specialty Co.Court of Appeals for the Seventh Circuit · 1937
- Zenie Bros. v. MiskendDistrict Court, S.D. New York · 1935
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3Cited by60 opinions
- Altvater v. FreemanSupreme Court of the United States · 1943
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- Ockert v. Union Barge Line Corp.Court of Appeals for the Third Circuit · 1951
- Larson v. General Motors CorporationCourt of Appeals for the Second Circuit · 1943
- Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp.Court of Appeals for the Second Circuit · 1946
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