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CHARLES MACHINE WORKS, INC. v. DIGITAL CONTROL INC.

No. CIV-02-1426-T.

264 F.Supp.2d 980 (2003)

The CHARLES MACHINE WORKS, INC., Plaintiff, v. DIGITAL CONTROL INCORPORATED, Defendant.

United States District Court, W.D. Oklahoma.

April 21, 2003.

Attorney(s) appearing for the Case

Robert Tomlinson, Esq., McKinney & Stringer, P.C., Oklahoma City, OK, for plaintiff.

Paul T. Meiklejohn, WSBA No. 17477, Brian C. Park, WSBA No. 25584, Dorsey & Whitney, LLP, Seattle, WA, Aaron Keyt, WSBA No. 19441, Digital Control Incorporated, Renton, WA, for defendant.

ORDER

RALPH G. THOMPSON, District Judge.

Before the Court is Defendant's Motion to Dismiss Plaintiffs Declaratory Judgment Action, filed under Fed.R.Civ.P. 12(b)(1) on February 10, 2003. Defendant challenges the existence of subject matter jurisdiction and, specifically, whether the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), has been met. Defendant alternatively asks the Court to exercise its discretion...

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