Legal Opinion
Frankart, Inc. v. Metal Lamp Corporation
District Court, E.D. New York
Decided May 21, 1929PublishedCited by 8 opinions
1Opinion of the Court
GALSTON, District Judge.
This is a motion made by the plaintiff to strike out a counterclaim and special defense set up in the answer. It is asserted that lack of jurisdiction follows because there is no allegation of diversity of citizenship, nor is the counterclaim one arising out of the transaction which is the subject-matter of the suit.
From the complaint it appears that both parties are corporations organized under the laws of the state of New York. The plaintiff is the owner of design letters patent Nos. 75,989, 77,206, 76,612, and 77,659, and the defendant is charged with infringement…
2Cases cited7 opinions
- Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
- United States Expansion Bolt Co. v. H. G. Kroncke Hardware Co.Court of Appeals for the Seventh Circuit · 1916
- Cleveland Engineering Co. v. Galion Dynamic Motor Truck Co.District Court, N.D. Ohio · 1917
- Ingrassia v. ACW Mfg. CorporationCourt of Appeals for the Second Circuit · 1928
- Cooling Tower Co. v. C. F. Braun & Co.Court of Appeals for the Ninth Circuit · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Utah Radio Products Co. v. BoudetteCourt of Appeals for the First Circuit · 1935
- McCabe & Schoenholz, Inc. v. Frank J. Quigan, Inc.District Court, E.D. New York · 1929
- Art Metal Works, Inc. v. Auto Match Corp.District Court, S.D. New York · 1930
- General Electric Co. v. Fan-Steel Products Co.District Court, S.D. New York · 1931
- Rockwell Mfg. Co. v. Evans Enterprises, Inc.District Court, W.D. New York · 1950
3 more not listed; retrieve them via the Exa API.