MALAT ET AL.

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By

• Quincy Lairsey and Frances Lairsey v. The Advance Abrasives Co., 542 F.2d 928 (5th Cir. 1976)
  …time” un [*931] der 60(b), i. e., the time limits for a motion for new trial and the concept of expiration of a “term” of court. 11 Wright & Miller, Federal Practice & Procedure § 2866, at 227. Daly v. Stratton, 304 F. 2d 666 (C.A.7), cert. denied, 371 U.S. 934, 83 S.Ct. 306, 9 L.Ed.2d 270 (1962). An inflexible “time allowable for appeal” limitation would permit relief from minor errors of various kinds over longer periods of time than relief from fundamental matters, an incongruous result out of keeping w…
• McKNIGHT v. United States Steel Corp., 726 F.2d 333 (7th Cir. 1984)
  …ecause it previously denied appointment of counsel based upon the wrong criteria, we must determine whether this is the type of error which may be corrected by a 60(b) motion. The EEOC cites Daly v. Stratton, 304 F. 2d 666 (7th Cir.), cert, denied, 371 U.S. 934, 83 S.Ct. 306, 9 L.Ed.2d 270 (1962), for the proposition that a pro se plaintiff who suffers dismissal of his action because he is prejudiced by lack of counsel may obtain reinstatement under Rule 60(b). In Daly, the district court dismissed the pro…
• M. Kramer Mfg. Co., Inc. v. Andrews, 783 F.2d 421 (4th Cir. 1986)
  …ultimate burden of proof once deliberate copying is proven.26 Audio Fidelity, Inc. v. High Fidelity Recording, Inc., 283 F. 2d 551, 558 (9th Cir.1960) (quoting My-T Fine Corp. v. Samuels, 69 F. 2d 76, 77 (2d Cir. 1934) (L. Hand, J.)), cert. denied, 371 U.S. 934, 83 S.Ct. 306, 9 L.Ed.2d 270 (1962). The rationale for this presumption is that when a defendant copies the trademark of a competitor,- it is likely that he intended to appropriate some commercial advantage or benefit that his competitor derived f…