Dairy Queen, Inc. v. Wood Case Brief

Facts of the Case

“Claiming that petitioner had breached its contract to pay $ 150,000 for the exclusive use of the trademark “DAIRY QUEEN” in certain portions of Pennsylvania, the owners of the trademark sued in a Federal District Court for (1) temporary and permanent injunctions to restrain petitioner from any future use of or dealing in the franchise and trademark, (2) an accounting to determine the exact amount of money owing by petitioner and a judgment for that amount, and (3) an injunction pending accounting to prevent petitioner from collecting any money from “Dairy Queen” stores in the territory. Petitioner filed an answer raising a number of defenses and made a timely demand for a trial by jury. The District Court struck petitioner’s demand for a trial by jury, on the alternative grounds that either the action was “purely equitable” or that whatever legal issues were raised were “incidental” to equitable issues. The Court of Appeals denied petitioner’s application for a writ of mandamus to compel the District Judge to vacate his order.”

Question

Is Department of Veterans Affairs regulation 38 CFR 3.358 (c)(3), which restricts disability compensation to injuries caused by accidents or negligence during surgery, consistent with the controlling statute, 38 U.S.C. 1151?

CONCLUSION

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Case Information

Citation: 369 US 469 (1962)
Argued: Feb 19 – 20, 1962
Decided: Apr 30, 1962
Case Brief: 1962