Republic Systems and Programming, Inc. v. Computer Assistance, Inc., Computer Assistance of Hartford, Inc., Andrew N. Vignola and N. Roger Geddes

With the utmost respect for the views of my brothers of the majority and for those expressed by Judge Blumenfeld in his forthright and lucid opinion below, I cannot concur in the affirmance of a judgment that, in my opinion, gives the stamp of judicial approval to a gross miscarriage of justice.

This is a diversity action and the holding is that the controlling law is that of Connecticut. Judge Blumenfeld cites Franke v. Wiltschek, 209 F.2d 493 (2d Cir. 1953) and Sperry Rand Corp. v. Rothlein, 241 F.Supp. 549 (D.Conn.1964), in support of this ruling. In Franke, a diversity action for an…