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LA CHEMISE LACOSTE v. ALLIGATOR CO., INC.

No. 74-1493.

506 F.2d 339 (1974)

LA CHEMISE LACOSTE, a French Corporation, Appellant, v. The ALLIGATOR COMPANY, INC., a Delaware Corporation, Defendant and Third-Party Plaintiff, v. JEAN PATOU, INC., a New York Corporation, Third-Party Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided December 26, 1974.

Attorney(s) appearing for the Case

Thomas S. Lodge, Wilmington, Del., W. Brown Morton, Jr., Donald N. Huff, Morton, Bernard, Brown, Roberts & Sutherland, Donal B. Tobin, Washington, D. C., Weingarten, Maxham & Schurgin, Boston, Mass., for appellants; Connolly, Bove & Lodge, Wilmington, Del., of counsel.

Irving Constant, Abraham G. Levin, New York City, Rubin, Wachtel, Baum & Levin, New York City, Arthur H. Seidel, Philadelphia, Pa., Seidel, Gonda & Goldhammer, P. C., Philadelphia, Pa., Lewis S. Black, Jr., Wilmington, Del., Brian L. Bilzin, New York City, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellee.

Before STALEY, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The decisive question posed by this appeal is whether there was proper federal jurisdiction in a declaratory judgment proceeding removed from the Delaware Court of Chancery. The district court refused to remand and proceeded to an adjudication on the merits. Appellants contend here, as they did at the trial level, that because a federal question did not appear in plaintiff's complaint, the case was improperly...

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