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C.R. BARD, INC. v. SCHWARTZ

Appeal No. 83-682.

716 F.2d 874 (1983)

C.R. BARD, INC., Plaintiff-Appellant, v. Boris SCHWARTZ, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 30, 1983.

Attorney(s) appearing for the Case

Charles B. Smith, New York City, argued, for plaintiff-appellant. With him on brief were Fish & Neave, Frank L. Politano, Therese A. Hendricks, New York City, Dempsey, Dempsey & Sheehan, Bartholomew A. Sheehan, Jr., Summit, N.J., and Kenneth F. Coughlin, Jr., Murray Hill, N.J.

William J. Shaughnessy, Newark, N.J., argued, for defendant-appellee. With him on the brief was Salvatore T. Alfano, Garfield, N.J., of counsel.

Before FRIEDMAN, RICH, BALDWIN, KASHIWA, and BENNETT, Circuit Judges.

KASHIWA, Circuit Judge.

This case on appeal from the United States District Court for the District of New Jersey raises two important issues. First, we must decide whether we have jurisdiction under The Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, § 127, 96 Stat. 25, 37 (28 U.S.C. § 1295) to decide whether a federal district court has jurisdiction of a case under 28 U.S.C. § 1338(a) (1976). If we have jurisdiction, we must then decide...

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