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BUROMIN CO. v. NATIONAL ALUMINATE CORPORATION

Civ. No. 538.

70 F.Supp. 214 (1947)

BUROMIN CO. et al. v. NATIONAL ALUMINATE CORPORATION.

District Court, D. Delaware.

February 6, 1947.

Attorney(s) appearing for the Case

Robert H. Richards, Jr. (of Richards, Layton & Finger), of Wilmington, Del., and Walter J. Blenko and George E. Stebbins (of Stebbins, Blenko & Webb), both of Pittsburgh, Pa., for plaintiffs.

Arthur G. Connolly, of Wilmington, Del., and John T. Chadwell and Richard L. Johnston (of Snyder, Chadwell & Fagerburg), both of Chicago, Ill., for defendant.

RODNEY, District Judge.

1(a). Plaintiffs correctly argue that a declaratory judgment suit is not a suit in equity. It does not logically follow, however, that certain equitable principles are without application in such suits. A declaratory judgment suit defies any attempt to affix a label indicative of its character as either a legal or equitable proceeding. Such suits partake of the nature of both legal and equitable proceedings. While declaratory judgment proceedings...

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