Legal Opinion
Sigma Engineering Service, Inc. v. Halm Instrument Co.
District Court, E.D. New York
Decided June 14, 1963PublishedCited by 9 opinions
1Opinion of the Court
BARTELS, District Judge.
Action for an injunction, damages and declaratory judgment based upon alleged patent infringement and unfair' competition. Defendant moves to dismiss (1) under Rule 12(b) (7), Fed.Rules Civ. Proc., 28 U.S.C.A., for failure of the plaintiff to join in the patent infringement claim, the real party in interest as an indispensable party since plaintiff under Rule 17(a) is not the real party in interest, and (2) on the ground that the amount in controversy in the unfair competition and declaratory judgment claims does not exceed $10,000. The second ground becomes relevant…
2Cases cited9 opinions
- Solomons v. United StatesSupreme Court of the United States · 1890
- Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
- Hazeltine Research, Inc. v. Avco Manufacturing Corporation and the Harry Alter Co., Inc.Court of Appeals for the Seventh Circuit · 1955
- Bewal, Inc., a Corporation of Kansas and Benjamine C. Edwards, Jr. v. Minnesota Mining and Manufacturing Company, a Corporation of DelawareCourt of Appeals for the Tenth Circuit · 1961
- Cornelius H. Doherty v. The Mutual Warehouse CompanyCourt of Appeals for the Fifth Circuit · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Filmtec Corporation v. Allied-Signal Inc., and Uop Inc.Court of Appeals for the Federal Circuit · 1991
- Filmtec Corporation v. HydranauticsCourt of Appeals for the Federal Circuit · 1993
- Fisher, Hecht & Fisher v. D.H. Overmyer Telecasting Co. (In Re D.H. Overmyer Telecasting Co.)United States Bankruptcy Court, N.D. Ohio · 1986
- Kenrich Corp. Ex Rel. Kline v. MillerDistrict Court, E.D. Pennsylvania · 1966
- Wyoming Wool Marketing Association v. UrrutyWyoming Supreme Court · 1964
4 more not listed; retrieve them via the Exa API.