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DUART MFG. CO. v. PHILAD CO.

No. 96.

30 F.Supp. 777 (1939)

DUART MFG. CO., Limited, v. PHILAD CO.

District Court, D. Delaware.

December 7, 1939.

Attorney(s) appearing for the Case

Clarence O. McKay (of Bacon & Thomas), of Washington, D. C., and Josiah Marvel, Jr., (of Marvel, Morford & Logan), of Wilmington, Del., for plaintiff.

A. J. Hudson, of Cleveland, Ohio (of Kwis, Hudson & Kent), of Cleveland, Ohio, and Herbert L. Cohen, of Wilmington, Del., for defendant.

NIELDS, District Judge.

Motion to dismiss complaint pursuant to rule 12(b) (6) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The grounds of the motion are: (1) The petition fails to state a claim against defendant upon which relief can be granted; (2) the petition, paragraphs 1 to 20 inclusive, fails to state a justiciable cause of action under the declaratory judgment statute, Jud.Code § 274d, 28 U.S.C.A. § 400; and (3) the...

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