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ECC CORPORATION v. SLATER ELECTRIC, INC.

No. 70-C-1266.

336 F.Supp. 148 (1971)

ECC CORPORATION, Plaintiff, v. SLATER ELECTRIC, INC., and Lucerne Products, Inc., Defendants.

United States District Court, E. D. New York.

July 14, 1971.

Attorney(s) appearing for the Case

Giles C. Clegg, Jr., Houston, Tex., and Marvin N. Gordon, New York City (Sandoe, Hopgood & Calimafde, New York City, of counsel), for plaintiff.

Alfred P. O'Hara, Marie V. Driscoll, New York City, and Reese Dill, Cleveland, Ohio (Rogers, Hoge & Hills, New York City, and Merkel, Campbell, Dill & Zetzer, Cleveland, Ohio, of counsel), for defendant Lucerne Products, Inc.

Darby & Darby, New York City, for defendant Slater Electric, Inc.

MEMORANDUM and ORDER

DOOLING, District Judge.

Defendant Lucerne has moved under Rule 12(b) to dismiss the action against it on the ground that personal jurisdiction has not been and cannot be obtained over it in the Eastern District of New York. The action is for a declaratory judgment. While the parties have mentioned the venue under 28 U.S.C. § 1391, they have not specifically discussed it and they appear to assume that subdivisions (a) and (c) do...

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