DUART MFG. CO. v. PHILAD CO.

No. 96.

30 F.Supp. 777 (1939)

DUART MFG. CO., Limited, v. PHILAD CO.

District Court, D. Delaware.

December 7, 1939.


Attorney(s) appearing for the Case

Clarence O. McKay (of Bacon & Thomas), of Washington, D. C., and Josiah Marvel, Jr., (of Marvel, Morford & Logan), of Wilmington, Del., for plaintiff.

A. J. Hudson, of Cleveland, Ohio (of Kwis, Hudson & Kent), of Cleveland, Ohio, and Herbert L. Cohen, of Wilmington, Del., for defendant.


NIELDS, District Judge.

Motion to dismiss complaint pursuant to rule 12(b) (6) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The grounds of the motion are: (1) The petition fails to state a claim against defendant upon which relief can be granted; (2) the petition, paragraphs 1 to 20 inclusive, fails to state a justiciable cause of action under the declaratory judgment statute, Jud.Code § 274d, 28 U.S.C.A. § 400; and (3) the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases