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WESTERN ELECTRIC CO. v. HAMMOND

No. 1719.

44 F.Supp. 717 (1942)

WESTERN ELECTRIC CO., Inc., v. HAMMOND.

District Court, D. Massachusetts.

April 30, 1942.

Attorney(s) appearing for the Case

Harrison F. Lyman and William R. Woodward, both of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., of counsel), for plaintiff.

Charles O. Pengra and Richard Wait, both of Boston, Mass. (Choate, Hall & Stewart, of Boston, Mass., and Nathaniel L. Leek, of New York City, of counsel), for defendant.

Francis M. Shea, Asst. Atty. Gen., Edmund J. Brandon, U. S. Atty., of Boston, Mass., and Paul P. Stoutenburgh and T. Hayward Brown, both of Washington, D. C., amici curiae.

WYZANSKI, District Judge.

The defendant moves to dismiss the plaintiff's action for a declaratory judgment. His position is that the plaintiff has not stated a cause of action under the Declaratory Judgment Act, Section 274d of the Judicial Code, Act of June 14, 1934 c. 512, 48 Stat. 955, U.S.C.A. Tit. 28 § 400, because, in the defendant's view, there is between these parties no case of actual controversy; and that...

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