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FRANCHISED STORES OF NEW YORK, INC. v. WINTER

No. 293, Docket 31861.

394 F.2d 664 (1968)

FRANCHISED STORES OF NEW YORK, INC. and Thomas Carvel, Plaintiffs-Appellants, v. Martin WINTER, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 1, 1968.

Attorney(s) appearing for the Case

Leonard Toboroff, Yonkers, N. Y. (Norman S. Isko, Yonkers, N. Y., on the brief), for plaintiffs-appellants.

Stanford A. Chalson, New York City (Kenneth S. Goldfarb, William Sostchen and Goldfarb & Chalson, New York City, on the brief), for defendant-appellee.

Before MEDINA, MOORE and ANDERSON, Circuit Judges.

MEDINA, Circuit Judge.

Appellants Franchised Stores of New York, Inc. and Thomas Carvel appeal from an order of the District Court for the Eastern District of New York which denied their motion for summary judgment and dismissed their complaint for want of federal subject matter jurisdiction in an action brought against Martin Winter for trademark infringement, unfair competition and breach of contract. This appeal presents two distinct questions regarding the interpretation...

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