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STORM WATERPROOFING CORPORATION v. L. SONNEBORN SONS

No. 690.

28 F.2d 115 (1928)

STORM WATERPROOFING CORPORATION v. L. SONNEBORN SONS, Inc.

District Court, D. Delaware.

September 14, 1928.

Attorney(s) appearing for the Case

Robert H. Richards, of Wilmington, Del., and Charles H. Wilson, of New York City, for plaintiff.

Daniel O. Hastings, of Wilmington, Del., and Gilbert & Gilbert, of New York City, for defendant.

MORRIS, District Judge.

Relying upon Luckett v. Delpark, 270 U.S. 496, 46 S.Ct. 397, 70 L. Ed. 703, and Wilson v. Sandford, 10 How. 99, 13 L. Ed. 344, the defendant moves that this suit in equity be dismissed for want of jurisdiction, in that each of the parties is a corporation of the state of Delaware, and in that, as it contends, the facts set out in the bill of complaint disclose that the suit is not one arising under the trade...

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