RUSSO

v.

UNITED STATES

Citator

Cited By (71 total)

• Cerrito v. Kovitch, 457 So. 2d 1021 (Fla. 1984)
  …of action simply by the use of legal terminology in the complaint. See Dairy Queen, Inc. v. Wood. Not all claims for money are legal actions triable by jury as a matter of right. Swofford v. B. & W, Inc., 336 F. 2d 406 (5th Cir.1964), cert. denied, 379 U.S. 962, 85 S.Ct. 653, 13 L.Ed.2d 557 (1965). In this case the Cerritos’ counterclaim was based upon section 687.04, Florida Statutes (1981), which provides in pertinent part: Any person, or any agent, officer, or other representative of any person, willf…
• SID & Marty Krofft Television Prods., Inc. v. McDONALD'S Corp. & Needham, 562 F.2d 1157 (9th Cir. 1977)
  …g of profits in this case parallels that made in Dairy Queen. The issue whether an accounting of profits in an infringement, action is legal or_ equitable was considered by the court in Swofford v. B & W, Inc., 336 F. 2d 406 (5 Cir.), cert. denied, 379 U.S. 962, 85 S.Ct. 653, 13 L.Ed.2d 557 (1964). That court held that Dairy Queen controlled, and said: “[A]n accounting for profits, although a creature of equity, is a. rule of administration and not of jurisdiction. The court of equity awarded compensatory…
• United States v. First Nat'l City Bank, 379 U.S. 378 (U.S. 1965)
  …ply to validate the service that had been made upon the, Arizona bank, and affirmed the dismissal of the complaint. See Simonson v. International Bank, 14 N. Y. 2d 281, 288, 200 N. E. 2d 427, 431; Purdy Co. v. Argentina, 333 F. 2d 95, cert. denied, 379 U. S. 962 (decided under the Illinois statute on which § 302 was patterned). Compare Grobark v. Addo Machine Co., 16 Ill. 2d 426, 158 N. E. 2d 73; Insull v. New York World-Telegram Corp., 273 F. 2d 166; National Gas Appliance Corp. v. AB Electrolux, 270 F. 2d…