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Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Switzerland Assn. v. Horne’s Market, 385 U.S. 23 (1966)
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 July 30, 2025, 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. 30 Jul. 2025. 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 30 July 2025, from http://originalsources.com/Document.aspx?DocID=RHLINL96ULMS6BU.
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