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TECHNICAL TAPE CORP. v. MINNESOTA MINING & MFG. CO.

135 F.Supp. 505 (1955)

TECHNICAL TAPE CORPORATION, Plaintiff, v. MINNESOTA MINING AND MANUFACTURING COMPANY, Defendant.

United States District Court S. D. New York.

October 31, 1955.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, Daniel L. Morris, New York City, of counsel, for plaintiff.

Burgess, Ryan & Hicks, New York City, John F. Ryan, New York City, of counsel, for defendant.

LUMBARD, Circuit Judge.

The defendant Minnesota Mining and Manufacturing Company moves under Rules 12(b) and (d), Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss this suit for declaratory judgment or, in the alternative, to transfer the proceeding to the Northern District of Illinois pursuant to 28 U.S.C. § 1404 (a). The grounds for the motion to dismiss are two: (1) that there was not an actual controversy...

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