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THIOKOL CHEMICAL CORP. v. BURLINGTON INDUSTRIES, INC.

Civ. A. No. 3906.

319 F.Supp. 218 (1970)

THIOKOL CHEMICAL CORPORATION, Plaintiff, v. BURLINGTON INDUSTRIES, INC., and Avisun Corporation, Defendants.

United States District Court, D. Delaware.

November 16, 1970.

Attorney(s) appearing for the Case

Francis J. Trzuskowski, of Connolly, Bove & Lodge, Wilmington, Del., William C. Conner and Gordon K. Lister, of Curtis, Morris & Safford, New York City, for plaintiff.

Edward B. Maxwell, II, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., Wallace D. Newcomb and Stuart S. Bowie, of Paul & Paul, Philadelphia, Pa., and Hyde W. Ballard, Norristown, Pa., for defendant Burlington Industries, Inc.

Aubrey B. Lank, of Theisen, Lank & Kelleher, Wilmington, Del., C. Frederick Leydig, William B. Ross and William T. McClain, of Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill., for defendant Avisun Corporation.

OPINION

CALEB M. WRIGHT, Chief Judge.

This is an action for declaratory judgment under 28 U.S.C. §§ 2201 and 2202. It was filed shortly after this Court's decision in an earlier declaratory action involving the same parties and the same controversy in which defendants' motion to dismiss for lack of jurisdiction was granted.1

Defendants have moved to dismiss this new complaint on the grounds that it fails to...

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