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KLEINMAN v. BETTY DAIN CREATIONS

No. 228, Docket 21965.

189 F.2d 546 (1951)

KLEINMAN v. BETTY DAIN CREATIONS, Inc.

United States Court of Appeals Second Circuit.

Decided May 17, 1951.

Attorney(s) appearing for the Case

Martin J. Walzer, New York City, for appellant.

Irving Seidman, New York City, for appellee.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The complaint herein sets forth two causes of action, one for infringement of Patent No. 2,422,834 issued to the plaintiff on an application filed in January 1947, and one for breach of a contract to pay the plaintiff for use of the patented article. Judge Rifkind dismissed the complaint, finding the patent not infringed and invalid for want of invention and finding no jurisdiction over the second cause of action, there being no diversity...

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