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LA CHEMISE LACOSTE v. ALLIGATOR COMPANY

Civ. A. No. 3876.

313 F.Supp. 915 (1970)

LA CHEMISE LACOSTE, a French corporation, Plaintiff, v. The ALLIGATOR COMPANY, Inc., a Delaware corporation, Defendant and Third-Party Plaintiff, v. JEAN PATOU, INC., Third-Party Defendant.

United States District Court, D. Delaware.

June 4, 1970.

Attorney(s) appearing for the Case

Thomas S. Lodge, Connolly, Bove & Lodge, Wilmington, Del., for plaintiff; W. Brown Morton, Jr., and Donal B. Tobin, McLean, Morton & Boustead, Washington, D. C., of counsel.

S. Samuel Arsht and Lewis S. Black, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant and third-party plaintiff; Milton Ackman, Strasser, Spiegelberg, Fried & Frank, New York City, of counsel.

OPINION

LAYTON, District Judge.

This case was removed from the Court of Chancery of the State of Delaware by the defendant under 28 U.S.C. § 1441(a). The plaintiff has moved for a remand to the State Court under 28 U.S.C. § 1447(c) for the reasons (1) that there is no federal question presented and, therefore, no jurisdiction to hear the case under § 1441(a) and (2) that the defendant is a Delaware corporation rendering § 1441 (b) applicable...

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