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VOLKSWAGEN OF AMER., INC. v. ENGELHARD M. & C. CORP.

No. 74 Civ. 4966 KTD.

401 F.Supp. 1210 (1975)

VOLKSWAGEN OF AMERICA, INC., Plaintiff, v. ENGELHARD MINERALS & CHEMICALS CORPORATION, Defendant.

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

April 18, 1975.

Attorney(s) appearing for the Case

Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiff by Francis J. Hone, New York City, of counsel.

Fish & Neave, New York City, for defendant by William K. Kerr, David W. Plant, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendant Engelhard Minerals & Chemicals Corporation (hereinafter "Engelhard") has moved, pursuant to Fed.R.Civ.P. 12(b)(1), to dismiss for lack of subject mattter jurisdiction the complaint filed by Volkswagen of America, Inc. (hereinafter "VWA") on November 12, 1974, in which VWA seeks a declaratory judgment (28 U.S.C. § 2201) that the catalytic converter used in 1975 Volkswagens sold in the...

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