JEFFERSON CHEMICAL CO. v. MOBAY CHEMICAL CO.


253 A.2d 512 (1969)

JEFFERSON CHEMICAL COMPANY, Inc., a Delaware corporation, Plaintiff, v. MOBAY CHEMICAL COMPANY, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

May 7, 1969.


Attorney(s) appearing for the Case

James M. Tunnell, Jr., and Paul P. Welsh, of Morris, Nichols, Arsht & Tunnell, Wilmington, Carl G. Ries, Houston, Tex., and John R. Allen and James R. Sweeney, of Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., for plaintiff.

William Poole, E. Dickinson Griffenberg, Jr., and Michael D. Goldman, of Potter, Anderson & Corroon, Wilmington, and Clelle W. Upchurch, Washington, D. C., for defendant.


DUFFY, Chancellor:

The issue for decision involves the subject matter jurisdiction of the Court of Chancery in a declaratory judgment action.

I

On January 26, 1966 Jefferson Chemical Company, Inc., a Delaware corporation (Jefferson), plaintiff, entered into a written contract with defendant, Mobay Chemical Company, a Delaware corporation (Mobay). Mobay thereby assigned to Jefferson all right, title and interest in and to certain patents and a patent...

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