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DURO TEST CORPORATION v. WELSBACH STREET LIGHTING CO.

No. 1108.

21 F.Supp. 260 (1937)

DURO TEST CORPORATION v. WELSBACH STREET LIGHTING CO. OF AMERICA et al.

District Court, D. Delaware.

October 12, 1937.

Attorney(s) appearing for the Case

E. Ennalls Berl (of Ward & Gray), all of Wilmington, Del., and Samuel E. Darby, Jr. (of Darby & Darby), all of New York City, for plaintiff.

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., for defendants.

NIELDS, District Judge.

This is a motion to dismiss a bill of complaint which is based on the Declaratory Judgment Act. Judicial Code § 274d (28 U.S.C.A. § 400).

The grounds assigned are (1) that the bill of complaint does not state facts sufficient to constitute a cause of action in this proceeding; (2) no actual controversy exists between the parties; and (3) American Development Company, a defendant, is an indispensable party and has not been...

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