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LEX COMPUTER & MANAGEMENT CORP. v. CBS INC.

No. 88 Civ. 0360(MEL).

684 F.Supp. 811 (1988)

LEX COMPUTER & MANAGEMENT CORP., Plaintiff, v. CBS INC., Defendant.

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

May 17, 1988.

Attorney(s) appearing for the Case

Simon V. Haberman, P.C., New York City, for plaintiff.

Frank W. Ford, Jr., Carl Oppedahl, Brumbaugh, Graves, Donohue & Raymond, New York City (Douglas P. Jacobs, Helen M. Gold, Madeleine Schachter, CBS Inc., New York City, of counsel), for defendant.

LASKER, District Judge.

In this action to declare a patent invalid and non-infringed, defendant CBS, Inc. ("CBS") moves to dismiss the complaint under Fed.R.Civ.P. 12(b)(1). CBS argues that there is no actual controversy between plaintiff Lex Computer and Management Corp. ("Lex") and CBS, and hence, this court lacks subject matter jurisdiction under 28 U.S.C. § 2201. The motion is granted.

Background

The declaratory judgment action arises...

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