TEMPCO ELEC. HEATER CORP. v. OMEGA ENGINEERING

No. 85-3068.

819 F.2d 746 (1987)

TEMPCO ELECTRIC HEATER CORPORATION, Plaintiff-Appellant, v. OMEGA ENGINEERING, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 14, 1987.


Attorney(s) appearing for the Case

Edward D. Gilhooly, Pigott, Gerstman & Gilhooly, Ltd., Chicago, Ill., for plaintiff-appellant.

W. James Cousins, Cousins & Sweigart, P.C., Stamford, Conn., for defendant-appellee.

Before CUMMINGS and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge.

This case requires us to determine whether the district court erred in dismissing a declaratory judgment action brought under 28 U.S.C. § 2201 (1982)1 on discretionary grounds, because a trademark infringement action involving the same parties and issues was filed shortly after this action. We conclude he did not, and affirm.

I

Plaintiff, Tempco Electric Heater Corporation ("Tempco...

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