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

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U.S. Supreme Court

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


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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