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DEWEY & ALMY CHEMICAL CO. v. AMERICAN ANODE

No. 8292.

137 F.2d 68 (1943)

DEWEY & ALMY CHEMICAL CO. v. AMERICAN ANODE, Inc.

Circuit Court of Appeals, Third Circuit.

Decided July 13, 1943.

Writ of Certiorari Denied October 11, 1943.

Attorney(s) appearing for the Case

George P. Dike, of Boston, Mass. (Morris, Steel, Nichols & Arsht, of Wilmington, Del., George P. Dike and George P. Towle, Jr., both of Boston, Mass., and Hugh M. Morris and Alexander Nichols, both of Wilmington, Del., on the brief) for plaintiff-appellant.

Harrison F. Lyman, of Boston, Mass. (Edgar H. Kent, of Boston, Mass., and Arthur G. Connolly, of Wilmington, Del., on the brief), for appellee.

Before BIGGS, MAGRUDER, and GOODRICH, Circuit Judges.

Writ of Certiorari Denied October 11, 1943. See 64 S.Ct. 70, 88 L.Ed. ___.

MAGRUDER, Circuit Judge.

Dewey & Almy Chemical Company appeals from an order for summary judgment which dismissed its complaint for a declaratory judgment against American Anode, Inc. The ground of dismissal was that there did not appear to be any "actual controversy" between the parties within the meaning of the Declaratory Judgment Act, 48 Stat. 955, 28 U.S.C.A. § 400.

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