COXE, District Judge.
This is a motion by defendant to dismiss the complaint (1) for lack of jurisdiction over the subject matter, and (2) because of another action between the parties pending in the State Court involving substantially the same issues.
The action is for a declaratory judgment determining the rights of the parties under a royalty agreement entered into in November 1941, as modified on April 12, 1947, under which plaintiff acquired from defendant...
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