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AMERICAN CYANAMID CO. v. ETHICON, INC.

No. 76 Civ. 2301 (HFW).

443 F.Supp. 46 (1977)

AMERICAN CYANAMID CO., Plaintiff, v. ETHICON, INC. and Johnson & Johnson, Inc., Defendants.

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

May 26, 1977.

Attorney(s) appearing for the Case

Pennie & Edmonds, New York City, for plaintiff, by Jonathan A. Marshall, Thomas F. Reddy, Jr., Brian D. Coggio, New York City, of counsel.

Rogers & Wells, New York City, for defendants, by David F. Dobbins, Stephen Froling, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

Defendants have moved to dismiss the complaint in this declaratory judgment action, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, for want of a justiciable controversy. In the alternative, they ask that the court decline to exercise jurisdiction as a matter of judicial discretion.

The complaint alleges that the Davis & Geck Department ("Davis & Geck") of the Lederle...

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