STERN & CO. v. STATE LOAN AND FINANCE CORPORATION

Civ. A. No. 2429.

205 F.Supp. 702 (1962)

STERN & CO., a corporation of the State of Pennsylvania, Plaintiff, v. STATE LOAN AND FINANCE CORPORATION, a corporation of the State of Delaware, Defendant.

United States District Court D. Delaware, at Wilmington.

June 8, 1962.


Attorney(s) appearing for the Case

E. N. Carpenter, II (Richards, Layton & Finger), Wilmington, Del., and W. Wilson White, and Bernard V. Lentz (White & Williams), Philadelphia, Pa., for plaintiff.

Howard L. Williams (Morris, James, Hitchens & Williams), Wilmington, Del., Robert Ash, and Carl F. Bauersfeld (Ash, Bauersfeld & Burton), Washington, D. C., for defendant.


LEAHY, Senior District Judge.

I. Dismissal. Defendant's motion for dismissal of the complaint is bottomed on four arguments that:

1) this Court lacks jurisdiction over this subject matter under the Declaratory Judgment Act; 2) such relief as sought by plaintiff is not binding on the United States Treasury Department, not a party here; 3) the present action should be dismissed, in any event, as the complaint and exhibits show defendant made no binding...

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