Legal Opinion

Dalton v. Shakespeare Co.

Court of Appeals for the Fifth Circuit

Decided April 18, 1952No. 13778_1PublishedCited by 17 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

This appeal from a judgment dismissing, for improper venue, a claim for patent infringement, brought in Miami, Florida, upon allegations that the defendant is doing business in the state of Florida, and, therefore, for purposes of patent suit venue, 1 resides there, presents a single question for our decision.

It was plaintiff’s contention below, it is its contention here, that Sec. 1400(b) must be read in connection with Sec. 1391(c), the general venue section, and that, so read, the definition of the residence of a corporate defendant for venue purposes contained in…

2Cases cited14 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  3. Ex Parte CollettSupreme Court of the United States · 1949
  4. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  5. Stonite Products Co. v. Melvin Lloyd Co.Supreme Court of the United States · 1942

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
  2. Remington Rand, Inc. v. Knapp-Monarch CompanyDistrict Court, E.D. Pennsylvania · 1956
  3. Joseph P. Ruth, Sometimes Also Known as J. P. Ruth v. The Eagle-Picher Company, a CorporationCourt of Appeals for the Tenth Circuit · 1955
  4. Guiberson Corp. v. Garrett Oil Tools, Inc.Court of Appeals for the Fifth Circuit · 1953
  5. Transmirra Products Corp. And Robert Aronstein v. Fourco Glass Co.Court of Appeals for the Second Circuit · 1956

12 more not listed; retrieve them via the Exa API.

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