No. 76, Docket 27628.

315 F.2d 475 (1963)

DEERING MILLIKEN RESEARCH CORPORATION, Plaintiff-Appellant, Warren A. Seem, Nicholas J. Stoddard, Frederick Tecce and Harold P. Berger, copartners trading as The Permatwist Company, Intervenor, v. LEESONA CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 29, 1963.

Attorney(s) appearing for the Case

Granville M. Brumbaugh, New York City (Brumbaugh, Free, Graves & Donohue, New York City, on the brief; Stuart N. Updike, James N. Buckner, and Lee W. Meyer, New York City, of counsel), for plaintiff-appellant.

Robert F. Conrad, Washington, D. C. (Watson, Cole, Grindle & Watson, Washington, D. C., on the brief), (Debevoise, Plimpton, Lyons & Gates, New York City, of counsel), for defendant-appellee.

William J. Fuchs, Obermayer, Rebman, Maxwell & Hippel, Philadelphia, Pa., for intervenor Permatwist Co.

Before CLARK, FRIENDLY and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by Deering Milliken Research Corporation, plaintiff below, from an order of the United States District Court for the Eastern District of New York, Byers, J., which dismissed plaintiff's amended complaint and entered judgment on the merits for the defendant, Leesona Corporation. The court retained jurisdiction without ruling upon the merits of a complaint filed by the intervenor, The Permatwist Company. The opinion is reported...

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