B. C. MORTON INTERNAT'L CORP. v. FEDERAL DEPOSIT INS. CORP.

Civ. A. No. 61-543-W.

199 F.Supp. 702 (1961)

B. C. MORTON INTERNATIONAL CORPORATION, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

United States District Court D. Massachusetts.

November 29, 1961.


Attorney(s) appearing for the Case

David Burstein, Hale & Dorr, Boston, Mass., for plaintiff.

Robert Proctor, Charles F. Choate, Choate, Hall & Stewart, Boston, Mass., for defendant.


WYZANSKI, District Judge.

This case is before the Court on defendant's motion to dismiss, addressed initially to the original complaint, but, by agreement of the parties, extended to the amended complaint filed pursuant to the motion of November 20, 1961. The question is whether the case is one appropriate for a declaratory judgment and injunction, or, whether, as the motion asserts, the amended complaint "fails to show the existence of an actual controversy between...

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