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ALLIED-GENERAL NUCLEAR SERVICES v. COM. EDISON CO.

No. 80-1723.

675 F.2d 610 (1982)

ALLIED-GENERAL NUCLEAR SERVICES, a partnership, composed of Allied Chemical Nuclear Products, Inc. and General Atomic Company, a partnership composed of Scallop Nuclear Inc. and Gulf Oil Corporation, Appellants, v. COMMONWEALTH EDISON COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1982.

Attorney(s) appearing for the Case

Miles Loadholt, Barnwell, S. C. (Ronald L. Motley, Blatt & Fales, Barnwell, S. C., on brief), for appellants.

John W. Thomas, Columbia, S. C. (Henry L. Mason, III, Shalom L. Kohn, Chicago, Ill., Dial, Jennings, Windham, Thomas & Roberts, Columbia, S. C., Sidley & Austin, Chicago, Ill., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

Plaintiff partnership Allied-General Nuclear Services (Allied) appeals the dismissal of its declaratory judgment action by the District Court for the District of South Carolina. The error assigned is the Court's ruling that failure to name all constituent partners individually was a fatal jurisdictional infirmity. Challenged also is the Court's exercise of discretion in declining the declaration. We affirm.

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