Legal Opinion
International Minerals & Chemicals Corp. v. Golding-Keene Co.
District Court, W.D. New York
Decided July 1, 1958No. Civ. A. No. 7560PublishedCited by 2 opinions
1Opinion of the Court
MORGAN, District Judge.
Defendant has moved under F.R.C.P. 41, 28 U.S.C.A., to dismiss the above entitled action on the ground that it has repudiated and withdrawn the charge of infringement which prompted plaintiff to institute this declaratory judgment action. Defendant contends that therefore there is no dispute between these parties and that the court should exercise its discretion and dismiss the action. On oral argument, counsel for defendant stated that defendant would be willing to accept a dismissal with prejudice on the claim of infringement of the Diamond Patent No. 2,765,074 by…
2Cases cited6 opinions
- Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
- Cover v. SchwartzCourt of Appeals for the Second Circuit · 1942
- Brunswick-Balke-Collender Co. v. American Bowling & Billiard Corp.Court of Appeals for the Second Circuit · 1945
- EJ Brooks Co. v. Stoffel Seals CorporationDistrict Court, S.D. New York · 1958
- Oswego Falls Corp. v. American Seal-Kap Corp.District Court, E.D. New York · 1946
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3Cited by2 opinions
- Dale Electronics, Inc. v. R. C. L. Electronics, Inc., Dale Electronics, Inc. v. R. C. L. Electronics, Inc.Court of Appeals for the First Circuit · 1973
- USM Corp. v. SPS Technologies, Inc.District Court, N.D. Illinois · 1981