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RHEEM MANUFACTURING CO. v. JOHNSON HEATER CORP.

3-73-Civ-313.

370 F.Supp. 806 (1974)

RHEEM MANUFACTURING COMPANY, a California corporation, and Giant Foods, Inc., a Delaware corporation, Plaintiffs, v. JOHNSON HEATER CORPORATION, a Massachusetts corporation, Defendant.

United States District Court, D. Minnesota, Third Division.

January 24, 1974.

Attorney(s) appearing for the Case

George F. McGunnigle, Jr., Leonard, Street & Deinard, Minneapolis, Minn., and George B. Newitt and Jon O. Nelson, Molinaire, Allegretti, Newitt & Witcoff, Chicago, Ill., for plaintiffs.

Cecil S. Schmidt, Merchant, Gould, Smith & Edell, Saint Paul, Minn., and Cesari & McKenna, Boston, Mass., for defendant.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

In this declaratory judgment and unfair competition action, defendant moves to dismiss under Federal Rule of Civil Procedure 12 on the grounds that this Court lacks personal jurisdiction over defendant and that venue is improperly laid in this judicial district. Plaintiff seeks (1) a declaratory judgment under 28 U.S.C. § 2201 of patent invalidity and non-infringement...

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