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NAYLOR v. CASE AND McGRATH, INC.

No. 1299, Docket 78-7245.

585 F.2d 557 (1978)

Kevin NAYLOR, Plaintiff-Appellant, v. CASE AND McGRATH, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 11, 1978.

Attorney(s) appearing for the Case

Beverly J. Hodgson, Bridgeport, Conn. (Theodore I. Koskoff, Richard A. Bieder, and Koskoff, Koskoff & Bieder, P. C., Bridgeport, Conn., of counsel), for appellant.

Dion W. Moore, Bridgeport, Conn. (Pullman, Comley, Bradley & Reeves and Frederick L. Comley, Bridgeport, Conn., of counsel), for defendant.

Robert M. Langer, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen. of Conn., Hartford, Conn., of counsel), for the State of Connecticut as amicus curiae.

Before VAN GRAAFEILAND, Circuit Judge, MARKEY, Chief Judge, United States Court of Customs and Patent Appeals, and DOOLING, District Judge.

DOOLING, District Judge.

The questions raised on this appeal are whether the Court below should have abstained from deciding the question of Connecticut statutory interpretation on which its decision turned, and whether, if the question was properly before the Court, for decision, it was correctly decided.

Appellant commenced an action in the Superior Court, Fairfield County, on February 3, 1978, against two advertising agencies alleging that he had pending...

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