W. R. GRACE & CO. v. UNION CARBIDE CORPORATION

No. 70 Civ. 1174.

319 F.Supp. 307 (1970)

W. R. GRACE & CO., Plaintiff, v. UNION CARBIDE CORPORATION, Defendant.

United States District Court, S. D. New York.

September 25, 1970.


Attorney(s) appearing for the Case

Fish & Neave, New York City, William K. Kerr, David W. Plant, New York City, of counsel, for plaintiff.

Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill., of counsel, for defendant.


MEMORANDUM

TENNEY, District Judge.

Defendant, Union Carbide Corporation (hereinafter referred to as "Carbide"), moves pursuant to Fed.R. Civ.P. 12 for an order dismissing the within complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction.

Plaintiff, W. R. Grace & Co. (hereinafter referred to as "Grace"), seeks declaratory judgment that two patents1 of Carbide...

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