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BLESSINGS CORPORATION v. ALTMAN

No. 73 Civ. 2863.

373 F.Supp. 802 (1974)

BLESSINGS CORPORATION (formerly Associated Baby Services, Inc.), Plaintiff, v. Gustave ALTMAN and Ben Teitzman, Defendants.

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

April 9, 1974.

Attorney(s) appearing for the Case

Sandoe, Hopgood & Calimafde, New York City (John M. Calimafde, Robert A. Schroeder, New York City, of counsel), for plaintiff.

Fitzpatrick, Cella, Harper & Scinto, New York City (Lawrence F. Scinto, Gregory J. Battersby, New York City, of counsel), for defendants.

OPINION

BAUMAN, District Judge.

This is an action brought pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, and 28 U.S.C. § 1338(a), in which plaintiff seeks a determination that defendants' patent is invalid. The defendants have now moved to dismiss, pursuant to Rule 12(b) of the Federal Rules, on two grounds. They contend first, that the instant action is not founded upon an "actual controversy" between the parties within the meaning...

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