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BAKELITE CORPORATION v. LUBRI-ZOL DEVELOPMENT CORP.

No. 107.

34 F.Supp. 142 (1940)

BAKELITE CORPORATION et al. v. LUBRI-ZOL DEVELOPMENT CORPORATION.

District Court, D. Delaware.

July 9, 1940.

Attorney(s) appearing for the Case

Maxwell Barus (of Fish, Richardson & Neave) and F. W. Dodson, both of New York City, and Herbert L. Cohen, of Wilmington, Del., for plaintiffs.

John F. Oberlin, O. C. Limbach, and David K. Ford (of Oberlin, Limbach and Day), all of Cleveland, Ohio, and Hugh M. Morris, of Wilmington, Del., for defendant.

NIELDS, District Judge.

Motion to dismiss or, in the alternative, for summary judgment.

This is a suit for a declaratory judgment respecting six letters patent owned by defendant. For the sake of brevity Bakelite Corporation will be referred to as "Bakelite", Delta Oil Products Company as "Delta" and Filmite Oil Corporation as "Filmite".

The grounds of the motion to dismiss are: (1) The complaint alleges no actual controversy between the parties. ...

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