FOSTER WHEELER CORPORATION v. FURNACE ENG. CO.


46 F.Supp. 867 (1942)

FOSTER WHEELER CORPORATION v. FURNACE ENGINEERING CO., Inc.

District Court, S. D. New York.

May 26, 1942.


Attorney(s) appearing for the Case

Kenyon & Kenyon, of New York City, for plaintiff.

Morrison, Kennedy & Campbell, of New York City, for defendant.


GODDARD, District Judge.

This is an action for a declaratory judgment and an injunction. Defendant moves to dismiss the complaint on five grounds. These fall into two main categories and may be briefly stated as follows: One, that this court lacks jurisdiction to grant relief under the Declaratory Judgments Act, 28 U.S.C.A. § 400, because both parties are residents of New York and the only controversy between them involves the nature, scope and effect of a license...

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