SHIPLEY CORP. v. LEONARD MARCUS CO.

No. 11288.

214 F.2d 493 (1954)

SHIPLEY CORP. v. LEONARD MARCUS CO.

United States Court of Appeals Third Circuit.

Decided July 13, 1954.

Rehearing Denied August 23, 1954.


Attorney(s) appearing for the Case

Thomas Raeburn White, Philadelphia, Pa. (James Hunter, III, Archer, Greiner, Hunter & Read, Camden, N. J., Leonard Lazarus, Jamaica, N. Y., C. L. Cushmore, Jr., White, Williams & Scott, Philadelphia, Pa., on the brief), for appellants.

Howard Engel, Jersey City, N. J. (Stein, Stein & Engel, Jersey City, N. J., on the brief), for appellee Leonard Marcus Co.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

With jurisdiction depending upon diversity of citizenship, the plaintiffs have attempted to plead in the District Court for the District of New Jersey a case appropriate for the rendition of a declaratory judgment under Section 2201 of Title 28 of the United States Code, as derived from the original Federal Declaratory Judgment Act.

The plaintiffs, three individuals and two corporations, are citizens of Maryland, New York and Delaware...

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