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WESTERN ELECTRIC CO. v. HAMMOND

No. 3822.

135 F.2d 283 (1943)

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

Circuit Court of Appeals, First Circuit.

April 27, 1943.

Attorney(s) appearing for the Case

Harrison F. Lyman, Edgar H. Kent and William R. Woodward, all of Boston, Mass., for appellant.

Richard Wait, of Boston, Mass. (N. L. Leek, of New York City, of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

The Western Electric Company, Inc. appeals from a judgment dismissing its complaint against John Hays Hammond, Jr. asking for a declaratory judgment. This action was taken upon Hammond's motion to dismiss, which was based upon an assertion that the complaint failed to disclose the existence of any "actual controversy" between the plaintiff and defendant within the meaning of § 274d of the Judicial Code, 48 Stat. 955, 28 U.S.C.A. §...

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