Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966)

Name: Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966) - Syllabus
Author: U.S. Supreme Court

Switzerland Cheese Association, Inc. v. E. Horne’s Market, Inc.

No. 42

Argued October 17, 1966
Decided November 7, 1966
385 U.S. 23

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

Petitioners sought a preliminary and permanent injunction in this trademark infringement suit. Following joinder of issues before trial, petitioners filed a motion for summary judgment granting a permanent injunction, which the District Court denied because of unresolved factual issues. The Court of Appeals held that the order denying summary judgment was not an "interlocutory" one under 28 U.S.C. § 1292(a)(1), which provides for an appeal from an interlocutory order "refusing" an injunction, and dismissed the appeal.

Held: since the denial of the motion for summary judgment related only to pretrial procedures, and not to the merits, it was not "interlocutory," and therefore not appealable under § 1292(a)(1).

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Chicago: U.S. Supreme Court, "Syllabus," Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966) in 385 U.S. 23 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RHLINL96ULMS6BU.

MLA: U.S. Supreme Court. "Syllabus." Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966), in 385 U.S. 23, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RHLINL96ULMS6BU.

Harvard: U.S. Supreme Court, 'Syllabus' in Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966). cited in 1966, 385 U.S. 23. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RHLINL96ULMS6BU.

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