NATIONAL HAIRDRESSERS' & COSMETOLOGISTS' ASS'N v. PHILAD CO.

No. 155.

34 F.Supp. 264 (1940)

NATIONAL HAIRDRESSERS' & COSMETOLOGISTS' ASS'N, Inc., et al. v. PHILAD CO.

District Court, D. Delaware.

August 5, 1940.


Attorney(s) appearing for the Case

George B. Finnegan, Jr., (of Morgan, Finnegan & Durham), of New York City, and E. Ennalls Berl, (of Southerland, Berl, Potter & Leahy), of Wilmington, Del., for plaintiffs.

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


NIELDS, District Judge.

Motion to Dismiss.

The motion to dismiss is filed by defendant under 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 amended complaint fails to state a claim against defendant upon which relief can be granted under the declaratory judgments statute, in that, there is no actual controversy within the meaning of the law.

2. The National Hairdressers...

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