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EMPIRE BOX CORP. v. WILLARD SULZBERGER MOTOR CO.

Civ. No. 195-49.

104 F.Supp. 762 (1952)

EMPIRE BOX CORP. OF STROUDSBURG et al. v. WILLARD SULZBERGER MOTOR CO., Inc., et al.

United States District Court D. New Jersey.

May 6, 1952.

Attorney(s) appearing for the Case

Milton, McNulty & Augelli, by John Milton, Jr., Jersey City, N. J., for plaintiffs.

Samuel Rosenblatt, Montclair, N. J., for defendant.

Edward V. Ryan, Asst. U. S. Atty., Jersey City, N. J., Asa J. Merill, New York City, Atty. for Interstate Commerce Commission, for intervenor.

SMITH, District Judge.

This is an action under the Declaratory Judgment Act, 28 U.S.C.A. § 2201. The jurisdiction of the Court is based upon Sections 1331 and 1332 of Title 28 U.S.C., 28 U.S.C.A. §§ 1331 and 1332. The plaintiffs seek a declaratory judgment that a contract, heretofore made by the Empire Box Corporation and the defendant, is illegal. The Interstate Commerce Commission, having been granted leave to intervene

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