Legal Opinion

Newell v. O. A. Newton & Son Co.

District Court, D. Delaware

Decided April 24, 1950No. Civ. A. No. 1197PublishedCited by 3 opinions

1Opinion of the Court

RODNEY, District Judge.

This case is before the court upon a motion of the corporate defendant for leave to file a counterclaim under Rule 13(e), Federal Rules of Civil Procedure, 28 U.S.C.A.1 This action is one for damages for unfair competition with respect to a chicken house manure conveyor, and for injunctive relief. When the complaint was filed, plaintiff had pending a patent application with respect to the manure conveyor in question. Defendants filed a joint answer, and subsequently filed a motion to dismiss. The motion to dismiss was argued and denied by *287the court. In the meantime,…

2Cases cited4 opinions

  1. Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
  2. Leman v. Krentler-Arnold Hinge Last Co.Supreme Court of the United States · 1932
  3. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  4. Rubsam v. Harley C. Loney Co.District Court, E.D. Michigan · 1949

3Cited by3 opinions

  1. Hansbarger v. CookWest Virginia Supreme Court · 1986
  2. Newell v. O. A. Newton & Son Co.District Court, D. Delaware · 1950
  3. H. R. Basford Co. v. JonesDistrict Court, D. Colorado · 1958

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