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LUMBERMENS MUTUAL CASUALTY COMPANY v. BORDEN COMPANY

No. 64 Civ. 1580.

265 F.Supp. 99 (1967)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff, v. The BORDEN COMPANY, Inc., Blackstone Mutual Insurance Company, Affiliated F. M. Insurance Company, United Engineers and Contractors, Inc., the Wickes Corporation, Vulcan-Cincinnati Corporation, Catalysts and Chemicals, Inc., and Monochem, Inc., Defendants.

United States District Court S. D. New York.

January 31, 1967.

Attorney(s) appearing for the Case

Townley, Updike, Carter & Rodgers, New York City, for plaintiff, Philip D. Pakula, W. Wright Danenbarger, New York City, of counsel.

Cahill, Gordon, Reindel & Ohl, New York City, for defendant Catalysts, Douglas E. Cutler, Mathias E. Mone, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendant Catalysts and Chemicals, Inc. (hereinafter referred to as "Catalysts") moves for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure dismissing plaintiff's action against it on the grounds that the Court lacks jurisdiction over the subject matter and over the person of defendant Catalysts and that venue is improper.

In its complaint, plaintiff seeks a declaratory judgment that it is...

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