Waller v. Galter

N.D. Illinois

Waller v. Galter

31 F. Supp. 520, 44 U.S.P.Q. (BNA) 163, 1940 U.S. Dist. LEXIS 3638

CourtDistrict Court, N.D. Illinois

DecidedJanuary 8, 1940

DocketNo. 655

StatusPublished

This text of 31 F. Supp. 520 (Waller v. Galter) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waller v. Galter, 31 F. Supp. 520, 44 U.S.P.Q. (BNA) 163, 1940 U.S. Dist. LEXIS 3638 (N.D. Ill. 1940).

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Opinion

HOLLY, District Judge.

On the authority of Luckett v. Delpark, 270 U.S. 496, 46 S.Ct. -397, 70 L.Ed. 703, and The Fair v. Kohler Die & Specialty Company, 228 U.S. 22, 33 S.Ct. 410, 57 L. Ed. 716, defendant’s motion to dismiss must be denied. Plaintiff is not here asking the court to set aside the contract. Instead he avers that the contract had been terminated prior to the commencement of the suit and prays for an injunction to restrain infringement. I am of the opinion that the court has jurisdiction to entertain the action.

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HOLLY, District Judge.

On the authority of Luckett v. Delpark, 270 U.S. 496, 46 S.Ct. -397, 70 L.Ed. 703, and The Fair v. Kohler Die & Specialty Company, 228 U.S. 22, 33 S.Ct. 410, 57 L. Ed. 716, defendant’s motion to dismiss must be denied. Plaintiff is not here asking the court to set aside the contract. Instead he avers that the contract had been terminated prior to the commencement of the suit and prays for an injunction to restrain infringement. I am of the opinion that the court has jurisdiction to entertain the action.

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Bluebook (online)

31 F. Supp. 520, 44 U.S.P.Q. (BNA) 163, 1940 U.S. Dist. LEXIS 3638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waller-v-galter-ilnd-1940.

Opinion

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