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CUTCO INDUSTRIES v. NAUGHTON

No. 1315, Docket 86-7169.

806 F.2d 361 (1986)

CUTCO INDUSTRIES, INC., Plaintiff-Appellant, v. Dennis E. NAUGHTON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 26, 1986.

Attorney(s) appearing for the Case

Steven M. Pesner, New York City (Robert A. Gaynor, Eugene Killian, Jr., Anderson Russell Kill & Olick, P.C., New York City, of counsel), for plaintiff-appellant.

Bernard J. Rosenthal, New York City (Gilbert, Segall and Young, New York City, Douglas L. Carden, Shapiro, Laufer, Posell, & Close, Los Angeles, Cal., of counsel), for defendant-appellee.

Before KAUFMAN, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal requires us to decide whether New York courts would find jurisdiction over non-resident defendant, Dennis E. Naughton, under the state's long-arm statute, N.Y.CPLR 302(a)(1). The United States District Court for the Eastern District of New York (Bramwell, J.), without conducting an evidentiary hearing, held that they would not, and dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(2). Plaintiff, CutCo Industries, Inc., appeals...

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