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GAF BUILDING MATERIALS CORP. v. ELK CORP. OF DALLAS

No. 95-1549.

90 F.3d 479 (1996)

GAF BUILDING MATERIALS CORPORATION, Plaintiff-Appellant, v. ELK CORPORATION OF DALLAS, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 18, 1996.

Attorney(s) appearing for the Case

Samuel D. Rosen, Paul, Hastings, Janofsky & Walker, New York City, argued, for plaintiff-appellant.

Larry D. Carlson, Baker & Botts, L.L.P., Dallas, Texas, argued, for defendant-appellee.

Before PLAGER, LOURIE and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

GAF Building Materials Corporation appeals from the decision of the United States District Court for the Northern District of Texas dismissing its declaratory judgment action for lack of subject matter jurisdiction. GAF Bldg. Materials Corp. v. Elk Corp., No. 3:94-2517 (N.D.Tex. Aug. 29, 1995). Because no actual case or controversy existed when GAF filed its action, we affirm.

BACKGROUND

In October 1993, Elk Corporation...

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