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SPECTRONICS CORP. v. H.B. FULLER CO., INC.

No. 91-1041.

940 F.2d 631 (1991)

SPECTRONICS CORPORATION, Plaintiff-Appellant, v. H.B. FULLER COMPANY, INC., and H.B. Fuller Automotive Products, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 29, 1991.

Attorney(s) appearing for the Case

Arthur H. Seidel, Seidel, Gonda, Lavorgna and Monaco, P.C., of Philadelphia, Pa., argued for plaintiff-appellant. With him on the brief were Per-Otto L. Erichsen and Paul S. Chirgott.

Mark D. Schuman, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minn., argued for defendants-appellees. With him on the brief was Alan G. Carlson.

Before MICHEL and CLEVENGER, Circuit Judges, and BENNETT, Senior Circuit Judge.

CLEVENGER, Circuit Judge.

Spectronics Corporation (Spectronics) appeals the judgment of the United States District Court for the Eastern District of New York dismissing its action under the Declaratory Judgment Act, 28 U.S.C. § 2201 (1988), against H.B. Fuller Company, Inc., and H.B. Fuller Automotive Products, Inc., (collectively Fuller), for lack of an actual controversy. We affirm.

I

Spectronics manufactures and sells DYGLO-12, a fluorescent...

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