LESSER

v.

SERTNER'S, INC. ET AL.

Citator

Cited By (16 total)

• McCULLOUGH Tool Co. v. Well Surveys, Inc., 343 F.2d 381 (10th Cir. 1965)
  …ctions and restraints upon WSI’s own activities and dealings with third parties in regard to its patents. It has been held that such agreements are against the public interest. McCullough v. Kammerer Corporation, 9 Cir., 166 F. 2d 759, cert. denied, 335 U.S. 813, 69 S.Ct. 30, 93 L. Ed. 368; United States v. Besser Mfg. Co., 96 F.Supp. 304 (E.D.Mich.1951), aff’d, Besser Manufacturing Co. v. United States, 343 U.S. 444, 72 S.Ct. 838, 96 L.Ed. 1063. Thus, the contract involves two prohibited provisions and is…
• Am. Safety Equip. Corp. v. J. P. Maguire & Co., Inc., 391 F.2d 821 (2d Cir. 1968)
  …ct outstanding royalties, and then assert the illegality of the agreement as a defense. In either instance, the action would be legal, not equitable. See Beacon Theatres, Inc. v. Westover, supra; Ring v. Spina, 166 F. 2d 546 (2d Cir.), cert. denied, 335 U.S. 813, 69 S.Ct. 30, 93 L.Ed. 368 (1948). Since the basic nature of ASE’s declaratory judgment action against Hickok is thus legal, the conditions set forth in Standard Chlorine are met, and the appeal will lie.6 As to Maguire, it asserts that ASE’s dem…
• The Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312 (2d Cir. 1982)
  …which can and should be reviewed because of their basic nature” in the pending litigation, the order may be reversed and the case remanded' in light of the appropriate legal principles. Ring v. Spina, 148 F. 2d 647, 650 (2d Cir. 1945), cert. denied, 335 U.S. 813, 69 S.Ct. 30, 93 L.Ed. 368 (1948). Beginning decades ago, we have not hesitated to reverse an order denying a preliminary injunction where the district court reached an erroneous conclusion on the facts before it, see Schey v. Turi, 294 F. 679, 680…