Legal Opinion
Vene D. Fry, D/B/A Vene D. Fry Company v. Layne-Western Company
Court of Appeals for the Eighth Circuit
Decided October 13, 1960No. 16371PublishedCited by 24 opinions
1Opinion of the Court
On Jurisdiction
2Per curiam
This appeal challenges the validity of an injunction granted the plaintiff (appellee) in an unfair competition action. The decision of the trial court is reported in 174 F.Supp. 621.
We find nothing in the record on appeal which demonstrates that the District Court had jurisdiction of the case. Diversity of citizenship was neither pleaded nor proved. There is no allegation in the complaint that there is any amount in controversy.
An action for unfair competition is a common-law cause of action and does not arise under any law of the United States. Under § 1338(b) of 28 U. S.C.A.,…
3Cases cited16 opinions
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
11 more not listed; retrieve them via the Exa API.
4Cited by24 opinions
- Rock Island Millwork Co. v. Hedges-Gough Lumber Co.Court of Appeals for the Eighth Circuit · 1964
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- Humble Oil & Refining Co. v. American Oil Co.Court of Appeals for the Eighth Circuit · 1969
- Am. Hosp. Ass'n v. AzarCourt of Appeals for the D.C. Circuit · 2018
- Barclay Square Properties v. Midwest Federal Savings And Loan Association Of MinneapolisCourt of Appeals for the Eighth Circuit · 1990
19 more not listed; retrieve them via the Exa API.