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SOCIETE de CONDITIONNEMENT v. HUNTER ENGINEERING CO.

No. 79-3014.

655 F.2d 938 (1981)

SOCIETE de CONDITIONNEMENT en ALUMINIUM, Plaintiff-Appellant, v. HUNTER ENGINEERING CO., INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1981.

As Amended on Denial of Rehearing August 19, 1981.

Attorney(s) appearing for the Case

James P. Ryther, Chicago, Ill., argued, for plaintiff-appellant; Peter C. Smoot, Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., Duglad S. McDougall, McDougall, Hersh & Scott, Chicago, Ill., on brief.

Robert T. Tobin, New York City, argued, for defendant-appellee; Kenyon, Reilly & Carr, New York City, Oliver F. Green, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., on brief.

Before CHOY and WALLACE, Circuit Judges, and HANSON, District Judge.

WALLACE, Circuit Judge:

Societe de Conditionnement en Aluminium (SCAL) brought this action against Hunter Engineering Co., Inc. (Hunter) seeking a declaratory judgment that a patent owned by Hunter is invalid. Hunter moved to dismiss the action for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1), Fed.R.Civ.P. The district judge granted Hunter's motion, holding that the court-lacked subject matter jurisdiction because there was no case or controversy...

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