TELECHRON, INC. v. PARISSI

No. 201, Docket No. 22262.

197 F.2d 757 (1952)

TELECHRON, Inc., et al. v. PARISSI.

United States Court of Appeals Second Circuit.

Decided June 17, 1952.


Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols, of Albany, N. Y., for appellants; Charles H. Walker, Henry J. Zafian, Charles M. Allen, and Fish, Richardson & Neave, of New York City, of counsel.

Andros and Smith, of Albany, N. Y., for appellee; Daniel H. Prior, Harry A. Smith, Albany, and Charles P. Bauer, New York City, of counsel.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


SWAN, Chief Judge.

This appeal from an order striking certain matter from the complaint in a declaratory judgment action raises questions as to the district court's jurisdiction to hear a non-federal claim with a federal claim, when there is no diversity of citizenship between the parties. The complaint sought (1) a declaration that three patents issued to the defendant are invalid and were not infringed, (2) a declaration that neither of the plaintiffs has violated...

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