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DUNLEER CO. v. MINTER HOMES CORPORATION

No. 78.

33 F.Supp. 242 (1940)

DUNLEER CO. v. MINTER HOMES CORPORATION.

District Court, S. D. West Virginia.

April 30, 1940.

Attorney(s) appearing for the Case

Walter Brown, of Huntington, W. Va. (Semmes, Bowen & Semmes, of Baltimore, Md., on the brief), for plaintiff.

Scott & Ducker, of Huntington, W. Va., and Webster S. Blades, of Baltimore, Md., for defendant.

HARRY E. WATKINS, District Judge.

This is an action for a declaratory judgment under Sec. 400, Title 28 U.S.C., 28 U. S.C.A. § 400. This section provides that "in cases of actual controversy * * * the courts of the United States shall have power upon * * * complaint * * * to declare rights and other legal relations of any interested party petitioning for such declaration * * *". A motion has been made to dismiss the complaint because of (1) lack of jurisdiction...

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