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LEHIGH COAL & NAVIGATION CO. v. CENTRAL R. OF NEW JERSEY

No. 484.

33 F.Supp. 362 (1940)

LEHIGH COAL & NAVIGATION CO. v. CENTRAL R. OF NEW JERSEY.

District Court, E. D. Pennsylvania.

April 16, 1940.

Attorney(s) appearing for the Case

William Jay Turner, Wm. A. Schnader, and Samuel D. Matlack, all of Philadelphia, Pa., for plaintiff.

Wm. Clarke Mason, of Philadelphia, Pa., and Charles E. Miller, of New York City, for defendant.

KALODNER, District Judge.

Plaintiff's complaint prays for a decree under the Federal Declaratory Judgment Act, Section 274d, Judicial Code, 28 U.S. C.A. § 400.

Defendant filed a motion to dismiss. The motion to dismiss is limited to the allegations of the complaint, and, being the equivalent of a demurrer, the court is called upon to interpret the allegations of such complaint, and to accept all such allegations as being true, and to determine whether...

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