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LATROBE ELECTRIC STEEL CO. v. VASCOLOY-RAMET CORP.

Civil Action No. 363.

56 F.Supp. 37 (1944)

LATROBE ELECTRIC STEEL CO. v. VASCOLOY-RAMET CORPORATION.

District Court, D. Delaware.

July 13, 1944.

Attorney(s) appearing for the Case

C. S. Layton and R. H. Richards, Jr. (of Richards, Layton & Finger), both of Wilmington, Del., and Walter J. Blenko and John C. Bane, Jr. (of Reed, Smith, Shaw & McClay), both of Pittsburgh, Pa., for plaintiff.

Daniel O. Hastings and John VanBrunt (of Hastings, Stockly & Layton), both of Wilmington, Del., and Don M. Peebles and Jesse J. Holland, both of New York City, for defendant.

LEAHY, District Judge.

The reasons for not determining the original motion to dismiss are found in 55 F.Supp. 347. Since the filing of the former opinion plaintiff has amended its complaint, naming one party — the Vascoloy-Ramet Corporation — as sole defendant. Defendant Vascoloy now asks for dismissal of the amended complaint or, in the alternative, for summary judgment upon two grounds: one, that no actual controversy...

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