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AB VOLVO v. EATON-KENWAY, INC.

Civ. A. No. C 83-3814.

582 F.Supp. 579 (1984)

AB VOLVO, Plaintiff, v. EATON-KENWAY, INC., Defendant.

United States District Court, N.D. Ohio, E.D.

March 7, 1984.

Attorney(s) appearing for the Case

Charles R. Rust, Cleveland, Ohio, for plaintiff.

Eben G. Crawford, James L. Wamsley, III, Cleveland, Ohio, for defendant.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

AB Volvo ("Volvo") brings this declaratory judgment and patent infringement action, alleging that Eaton-Kenway, Inc. ("Eaton-Kenway") is constructing an automobile assembly system that infringes a Volvo patent. Eaton-Kenway moves to dismiss under Fed.R.Civ.P. 12(b)(1) and (6) on the grounds that the complaint presents neither an "actual controversy" meriting a declaratory judgment nor a justiciable patent...

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