Opinion

Giles E. Bullock and the E. C. Brown Co. v. Sears Roebuck & Co.

  • 239 F.2d 170
Court
Court of Appeals for the Second Circuit
Filed
Dec 14, 1956
Status
Published
Cited by
0 cases
Authority
More cited than 11.3%

The opinion

239 F.2d 170

Giles E. BULLOCK and The E. C. Brown Co., Plaintiffs-Appellants,

v.

SEARS ROEBUCK & CO., Defendant-Appellee.

No. 105.

Docket 24213.

United States Court of Appeals Second Circuit.

Argued December 12, 1956.

Decided December 14, 1956.

Francis P. Keiper, Syracuse, N. Y., Hancock, Dorr, Ryan & Shove, Syracuse, N. Y., for defendant-appellee.

Frank H. Marks, and Lederer, Livingston, Kahn & Adsit, Chicago, Ill., for appellee, Harry Price, New York City, of counsel.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

1

This is a suit which joined with a claim of patent infringement a claim of unfair competition. The latter was dismissed for lack of jurisdiction, there being no diversity of citizenship. The complaint alleges sufficient interrelation between the two claims to establish federal jurisdiction under 28 U.S.C.A. § 1338 (b), as interpreted in Maternally Yours, Inc., v. Your Maternity Shop, Inc., 2 Cir., 234 F.2d 538, 544 , which was decided subsequently to the judgment on appeal.

2

Judgment reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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