DUKE

v.

UNITED STATES

Citator

Cited By

• Kellogg Co. v. Nat'l Biscuit Co., 305 U.S. 111 (U.S. 1938)
  …profits.” In its opinion the court described the trade-mark as “consisting of a dish, containing two biscuits submerged in milk.” 91 F. 2d 150, 152. We denied Kellogg Company’s petition for a writ of certiorari, 302 U. S. 733; and denied rehearing, 302 U. S. 777. On January 5, 1938, the District Court entered its mandate in the-exact language of the order of the Circuit Court of Appeals, and issued a permanent injunction. Shortly thereafter National Biscuit Company petitioned the Circuit Court of Appeals t…
• Smith v. United States, 373 F.2d 419 (4th Cir. 1966)
  …the burden to prove the facts which would invoke application of the rule. Such burden it has not overcome. [*422] We think that Stone v. White, 301 U.S. 532, opinion recast, 302 U.S. 639, 57 S.Ct. 851, 81 L.Ed. 1265, 82 L.Ed. 497, rehearing denied, 302 U.S. 777, 58 S.Ct. 260, 82 L.Ed. 601 (1937), is distinguishable and that the doctrine of equitable recoupment should not be extended to permit the Government here to set off against the trust’s right to a refund the moral obligation of a beneficiary who has…