Giles E. Bullock and the E. C. Brown Co., Plaintiffs-appellants, v. Sears Roebuck & Co., Defendant-appellee, 239 F.2d 170 (2d Cir. 1956)
Annotate this CaseDecided 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.
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.
Judgment reversed.
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