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BULLOCK v. SEARS, ROEBUCK AND CO.

Civ. No. 5232.

142 F.Supp. 646 (1956)

Giles E. BULLOCK and The E. C. Brown Co., Plaintiffs, v. SEARS, ROEBUCK AND CO., Defendant.

United States District Court N. D. New York.

Rehearing Denied July 5, 1956.

Attorney(s) appearing for the Case

F. P. Keiper, Syracuse, N. Y., for plaintiffs.

Hancock, Dorr, Ryan & Shove, Syracuse, N. Y., Frank H. Marks, Chicago, Ill., of counsel, for defendant.

BRENNAN, Chief Judge.

The Court's jurisdiction to entertain a cause of action for unfair competition, joined in the same complaint with an action for patent infringement, is challenged by this motion.

This is a civil action and the jurisdiction of the Court is based upon the patent laws of the United States and the provisions of Title 28 U.S.C.A. § 1338, pars. (a) and (b).

The complaint is in a single count but states two separate but co-mingled...

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