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NORTHERN MOTORS CORPORATION v. DIVCO-TWIN TRUCK CO.

No. 8307.

28 F.Supp. 308 (1939)

NORTHERN MOTORS CORPORATION v. DIVCO-TWIN TRUCK CO.

District Court, E. D. Michigan, S. D.

May 25, 1939.

Attorney(s) appearing for the Case

Harness, Dickey & Pierce, of Detroit, Mich., and Thomas Francis Howe, of Chicago, Ill., for petitioner.

Strauch & Hoffman, of Washington, D. C., and Joseph T. Schiappacasse, of Detroit, Mich., for respondent.

MOINET, District Judge.

This matter is before the Court on a motion to dismiss filed by defendant, a petition for declaratory judgment based upon the Federal Statute. The matter was argued before the Court, and briefs have been furnished by counsel respectively.

The motion to dismiss, being the equivalent of a demurrer, the rule in such cases being that the Court is called upon to interpret the allegations in such petition, and accept all such allegations...

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