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CHEM LAB PRODUCTS, INC. v. STEPANEK

No. 76-2251.

554 F.2d 371 (1977)

CHEM LAB PRODUCTS, INC., a corporation, Plaintiff-Appellant, v. Frank N. STEPANEK, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 23, 1977.

Attorney(s) appearing for the Case

Warren T. Jessup, Jessup & Beecher, Sherman Oaks, Cal., for plaintiff-appellant.

John E. Kelly, Pastoriza & Kelly, Santa Monica, Cal., John N. Bain, John G. Gilfillan, III, Carella, Bain, Gilfillan & Rhodes, Newark, N. J., for defendant-appellee.

Before CHAMBERS and ELY, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Chem Lab Products, Inc. (Chem Lab) filed an action against Frank N. Stepanek, Jr. (Stepanek), president of Aspen Industries, Inc. (Aspen), to have a patent owned by Aspen declared invalid. The District Court dismissed for lack of personal jurisdiction over Stepanek. We affirm.

Stepanek is a citizen of New York. He neither resides nor conducts business in California. He was served in Tully, New York, under the California long arm statute.

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