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ELECTRONICS CORPORATION OF AMERICA v. HONEYWELL, INC.

No. 7493.

428 F.2d 191 (1970)

ELECTRONICS CORPORATION OF AMERICA, Plaintiff, Appellant, v. HONEYWELL, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 2, 1970.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., for plaintiff-appellant.

Norman A. Hubley, Boston, Mass., Alex J. McFarland and Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., on brief, for defendant-appellee.

Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and FORD, District Judge.

ALDRICH, Chief Judge.

This is a diversity action for unfair competition in which plaintiff appeals from the denial of a temporary injunction following the submission of affidavits by both sides. 303 F.Supp. 1220. We do not reach a further count under the Lanham Act, 15 U.S.C. § 1125, possibly of questionable merit. Cf. Samson Crane Co. v. Union Nat. Sales, Inc., D. Mass., 1949, 87 F.Supp. 218

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