LANCES v. LETZ

No. 98.

115 F.2d 916 (1940)

LANCES et al. v. LETZ.

Circuit Court of Appeals, Second Circuit.

December 2, 1940.


Attorney(s) appearing for the Case

Joseph Rilander, of New York City, for plaintiffs-appellants.

William J. Dowd, of New York City (Hornidge & Dowd, of New York City, on the brief), for defendant-respondent.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

The parties here are competitors in the business of manufacturing and marketing sculptural "bras" or brassieres. We have to determine whether or not an incipient controversy between them had become so dead by the time this action was brought as not to furnish a case for a declaratory judgment.

On February 4, 1939, defendant's attorney addressed a letter to the plaintiff Edith Lances — with whom the other plaintiffs do business...

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