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WESTINGHOUSE ELECTRIC CORPORATION v. AQUA-CHEM, INC.

Civ. A. No. 41282.

278 F.Supp. 975 (1967)

WESTINGHOUSE ELECTRIC CORPORATION v. AQUA-CHEM, INC.

United States District Court E. D. Pennsylvania.

August 25, 1967.

Attorney(s) appearing for the Case

Woodcock, Phelan & Washburn, Philadelphia, Pa., for plaintiff.

Howson & Howson, Philadelphia, Pa., for defendant.

SUR MOTION TO DISMISS

KIRKPATRICK, Senior District Judge.

This is an action by the plaintiff, Westinghouse, for a declaratory judgment that three patents owned by the defendant, Aqua-Chem, Inc., are invalid, not infringed and not enforceable. Aqua-Chem has moved to dismiss the complaint on the ground that it does not allege the existence of any justiciable controversy. However, it makes it clear that the parties are competing manufacturers and it avers that...

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