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Giles E. BULLOCK and The E. C. Brown Co., Plaintiffs-Appellants, v. SEARS ROEBUCK & CO., DefendantAppellee

United States Court of Appeals for the Second Circuit1956-12-14No. No. 105, Docket 24213
239 F.2d 170

Authorities cited

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Opinion

majority opinion

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.