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PAINTON & COMPANY v. BOURNS, INC.

Nos. 425, 729, Dockets 34959, 71-1089.

442 F.2d 216 (1971)

PAINTON & COMPANY, Ltd., Plaintiff-Appellee-Cross-Appellant, v. BOURNS, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 27, 1971.

Attorney(s) appearing for the Case

C. Dickerman Williams, New York City (Baker, Nelson, Williams & Mitchell, New York City, and John P. Dellera, New York City, of counsel), for plaintiff-appellee.

Clyde F. Willian, Chicago, Ill. (Hume, Clement, Hume & Lee, Ltd., Roy E. Hofer and Robert L. Harmon, Chicago, Ill., William C. Conner, Curtis, Morris & Safford, New York City, of counsel), for defendant-appellant.

Roger M. Milgrim, New York City (Milgrim, Thomajan & Jacobs, New York City, of counsel), submitted brief as amicus curiae.

Edward Halle, New York City, for the New York Patent Law Assn., New York City (Robert S. Dunham, Bert A. Collison, Pauline Newman and Robert J. Sanders, Jr., New York City, of counsel), submitted brief as amicus curiae.

Before WATERMAN and FRIENDLY, Circuit Judges, and McLEAN, District Judge.

FRIENDLY, Circuit Judge:

Painton & Company, Ltd., plaintiff in this action in the District Court for the Southern District of New York, in which federal jurisdiction was based on diverse citizenship, 28 U.S.C. § 1332(a) (2), is a British corporation engaged in the manufacture and sale of electronic components. Defendant Bourns, Inc., a California corporation, having its principal place of business in that state but doing business in New York, is likewise...

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