RESEARCH ELECTRONICS & DEVICES CO., INC., AND TALLER & COOPER, INC., PLAINTIFFS-APPELLEES,
v.
NEPTUNE METER COMPANY AND ELECTRONIC SIGNAL CO., INC., DEFENDANTS-APPELLANTS

2d Cir. | 1959-03-06
Nos. 114, Docket 25080
Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.
264 F.2d 246 United States Court of Appeals for the Second Circuit (1959)
Cited by 5 cases

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Synopsis

The court reviewed an order finding proper jurisdiction over a non-resident defendant in a common-law action for damages from an automobile accident, denying the defendant's motion to dismiss.


Holding

The court affirmed the trial court's order finding that proper jurisdiction had been obtained over the defendant, despite the registered letter being returned unclaimed.


Facts & Procedural History

Plaintiffs attempted to serve a non-resident defendant, who resided in New Jersey, under Fla. Stat. § 47.30 for an alleged automobile accident. Servic…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On Judge Kaufman’s well reasoned opinion below, D.C.S.D.N.Y., 156 F.Supp. 484, we affirm his holding that there is no present controversy between the parties as to the patents involved in the dismissed counterclaim. Defendants stress here the close factual relation between five of these patents and the patents alleged in plaintiffs’ complaint to be infringed. Should the scope or the validity of any of these patents be relevant to the charges made in the complaint, surely these matters can be litigated under the present pleadings or under such amendments to the pleadings as are not precluded by Judge Kaufman’s order. Affirmed.


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