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CATERPILLAR TRACTOR CO. v. GALION IRON WORKS & MFG. CO.

No. 19939.

30 F.Supp. 111 (1939)

CATERPILLAR TRACTOR CO. v. GALION IRON WORKS & MANUFACTURING CO.

District Court, N. D. Ohio, Eastern Division.

September 9, 1939.

Attorney(s) appearing for the Case

Charles M. Fryer and Alfred C. Aurich, both of San Francisco, Cal., and John F. Oberlin (of Oberlin, Limbach & Day), of Cleveland, Ohio, for plaintiff.

Harker H. Hittson, of Columbus, Ohio and Maurice Hanning (of Holliday, Grossman & McAfee), of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This cause came on for hearing upon two motions: first, the motion of the defendant to dismiss the bill of complaint, and, second, upon the motion of the plaintiff for an injunction pendente lite.

Both motions are overruled.

As to the first motion, the bill of complaint meets jurisdictional requirements, and states a cause of action under the federal Declaratory Judgment Act, 28 U.S.C. § 400, 28 U.S.C.A. § 400.

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