Carlton Lamp Corporation v. General Electric Company
Decision Date | 20 May 1958 |
Docket Number | No. 12555.,12555. |
Citation | 254 F.2d 815 |
Parties | CARLTON LAMP CORPORATION, Appellant, v. GENERAL ELECTRIC COMPANY. |
Court | U.S. Court of Appeals — Third Circuit |
Bernard Hellring, Newark, N. J. (Leonard Lieberman, Newark, N. J., on the brief), for appellant.
Albert C. Bickford, New York City (Henry W. Lauterstein, New York City, on the brief), for appellee.
Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.
In this case, as in Dean Oil Company v. American Oil Company, 3 Cir., 254 F.2d 816, the plaintiff would be glad to have us overrule our decision in Gordon v. Loew's Inc., 1957, 247 F.2d 451. Failing in this he with great ingenuity suggests a theory by which our decision in the Gordon case would not be applicable. Giving counsel credit for great resourcefulness, we still do not see the force of the attempted distinction. We, therefore, will affirm on the authority of the Gordon case.
The judgment of the district court will be affirmed.
To continue reading
Request your trial-
Conard v. Stitzel
...nature of a penalty or forfeiture.10 The principle of the Gordon case has been reaffirmed in this circuit in Carlton Lamp Corp. v. General Electric Co., 254 F.2d 815 (3d Cir. 1958); Dean Oil Co. v. American Oil Co., 254 F.2d 816 (3d Cir. 1958); and Shapiro v. Paramount Film Distributing Cor......
-
Skouras Theatres Corp. v. Radio-Keith-Orpheum Corp.
...D.C.S.D.N.Y., 135 F.Supp. 260, 266, I quite agree with the Gordon holding. It has been twice reaffirmed. Carlton Lamp Corporation v. General Electric Company, 3 Cir., 254 F.2d 815; Dean Oil Company v. American Oil Company, 3 Cir., 254 F.2d 816, certiorari denied 358 U.S. 835, 79 S.Ct. 58, 3......
-
Powell v. St. Louis Dairy Company
...The 3rd Circuit has on two subsequent occasions reaffirmed the conclusion of Gordon v. Loew's, Inc., supra. Carlton Lamp Corp. v. General Electric Co., 3 Cir., 1958, 254 F.2d 815 and Dean Oil Co. v. American Oil Co., 3 Cir., 1958, 254 F.2d 816, certiorari denied 1958, 358 U.S. 835, 79 S.Ct.......
-
Farbenfabriken Bayer, AG v. Sterling Drug Inc.
...of limitation therein prescribed. The rule of the cited case has been followed in two later cases, to wit, Carlton Lamp Corporation v. General Electric Company, 3 Cir., 254 F.2d 815; Dean Oil Company v. American Oil Company, 254 F.2d 816, 3 Cir., certiorari denied 358 U.S. 835, 79 S.Ct. 58,......