Sun-Maid Raisin Growers of California v. California Packing Corporation

This is an appeal from an order dismissing without prejudice a motion by Sun-Maid Raisin Growers of California, a corporation (here appellant), to dissolve an injunction passed by the District Court of the Southern District of California on June 15, 1936. Thereby that corporation was enjoined, at the suit of California Packing Corporation (here appellee), from the use of the trade-mark “Sun-Maid” except on packages containing raisins and allied food products.

The District Court filed a memorandum which stated as a reason for dismissal that the above mentioned decree was entered pursuant to the mandate of this Court and that proper deference to the authority of the latter requires that a “proceeding to re-open it, whether by rehearing or review, should be first referred to that tribunal.”

In the briefs it was the position of appellee that the dismissal without prejudice for such a reason was not a final decision and not an appealable interlocutory order. Before appellant had proceeded far with oral argument before this panel, the court dismissed the appeal on the above grounds as set up in the brief of appellee.

Appellant says in its brief that this proceeding may be treated as…