U.S. Court of Appeals for the Third Circuit, 1917

Armstrong Cork Co. v. Ringwalt Linoleum Works

U.S. Court of Appeals for the Third Circuit · Decided April 4, 1917 · Buffing, Ierson, McPi, Ton, Woolley

240 F. 1022; 153 C.C.A. 665; 1917 U.S. App. LEXIS 2456

Counsel

Frank P. McDermott, of Jersey City, N. J. (Edward S. Rogers and F. F. Reed, both of Chicago, Ill., of counsel), for appellants. Hans v. Briesen and Fritz v. Briesep, both of New York City, for appellee.

Cases that cite this one

5 later published cases cite this decision.

Reynolds International Pen Co. v. Eversharp, Inc. (United States District Court for the District of Delaware 1946)
Royal Baking Powder Co. v. Federal Trade Commission (2d Cir. 1922)
Searchlight Horn Co. v. Victor Talking Mach. Co. (District Court, D. New Jersey 1919)
Publicker v. Shallcross (3d Cir. 1938)
Connecticut Telephone & Electric Co. v. Automotive Equipment Co. (District Court, D. New Jersey 1926)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a decree dismissing the plaintiff’s bill in pursuance of an opinion reported at (D. C.) 235 Fed. 458. In view of the important and far-reaching commercial questions raised in this case, we feel that they can better be approached and decided in this court after, full proofs and final hearing. Following our usual course in such a situation, we express no present opinion on those questions, and confine "ourselves to reversing the order made below dismissing the bill, and remanding the case, with directions to reinstate the bill, overrule the demurrer, without prejudice to raising the same questions on final hearing, and to proceed to final hearing. We might add that, in view of the possibility of bringing such matters as are here involved before the Federal Trade Commission, this or-dey is made without prejudice to the right of the parties while this bill is pending to apply for relief to that body, if it so desires.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.