Legal Opinion
Elan Associates, Ltd. v. Quackenbush Music, Ltd.
District Court, S.D. New York
Decided March 30, 1972No. 71 Civ. 3094PublishedCited by 21 opinions
1Opinion of the Court
CANNELLA, District Judge.
Defendant’s motion to dismiss the complaint for lack of jurisdiction over the subject matter, made pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure, is granted. 1
On July 12, 1971, the plaintiff brought this action in this District Court seeking declaratory and equitable relief for copyright infringement.
The plaintiff asserts that the jurisdiction of this court is properly placed pursuant to 28 U.S.C. § 1338. The court does not agree.
The present controversy between the parties arises from the execution of a contract on May 15, 1968, which provided,…
2Cases cited7 opinions
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
- Luckett v. Delpark, Inc.Supreme Court of the United States · 1926
- Danks v. GordonCourt of Appeals for the Second Circuit · 1921
- Muse v. MellinDistrict Court, S.D. New York · 1962
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harris O. Schoenberg v. Shapolsky Publishers, Incorporated, Ian Shapolsky and Steimatzky Publishing of North America, Inc., Samuel A. Abady, Esq.Court of Appeals for the Second Circuit · 1992
- Marguerite Dolch v. United California Bank, a Corporation and Catherine D. McAndrewCourt of Appeals for the Ninth Circuit · 1983
- Michael J. Topolos v. Jeffrey Caldewey, an Individual Dba Vintage Image, Robert Titus, Richard Paul Hinkle, an Individual and Does I Through MCourt of Appeals for the Ninth Circuit · 1983
- Vestron, Inc. v. Home Box Office Inc., and Hbo Video, Inc.Court of Appeals for the Ninth Circuit · 1988
- Rx Data Corporation, a New York Corporation v. Department of Social Services, an Agency of the State of New YorkCourt of Appeals for the Second Circuit · 1982
16 more not listed; retrieve them via the Exa API.