DAWSON, District Judge.
This motion raises the issue as to whether this Court has jurisdiction to consider an action for declaratory judgment involving the rights of the parties in an alleged common law trade-mark, not registered under the Federal trade-mark laws. There is no diversity of citizenship between the parties.
The motion is one brought under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint for lack of jurisdiction...
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