Legal Opinion
Thiokol Chemical Corp. v. Burlington Industries, Inc.
District Court, D. Delaware
Decided November 16, 1970No. Civ. A. 3906PublishedCited by 14 opinions
1Opinion of the Court
OPINION
CALEB M. WRIGHT, Chief Judge.
This is an action for declaratory judgment under 28 U.S..C. §§ 2201 and 2202. It was filed shortly after this Court’s decision in an earlier declaratory action involving the same parties and the same controversy in which defendants’ motion to dismiss for lack of jurisdiction was granted. 1
Defendants have moved to dismiss this new complaint on the grounds that it fails to state a claim upon which relief can be granted and that the Court lacks jurisdiction over the subject matter. Fed.R.Civ.P. 12(b) (6) and 12(b) (1). Defendants assert that the complaint…
2Cases cited13 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grafon Corporation v. Elmer P. Hausermann and Marten C. HausermannCourt of Appeals for the Seventh Circuit · 1979
- C.R. Bard, Inc. v. Boris SchwartzCourt of Appeals for the Federal Circuit · 1983
- Thiokol Chemical Corp. v. Burlington Industries, Inc.Court of Appeals for the Third Circuit · 1971
- Vietnam Veterans of America, Inc. v. Guerdon Industries, Inc.District Court, D. Delaware · 1986
- Milton Roy Co. v. Bausch & Lomb Inc.District Court, D. Delaware · 1976
9 more not listed; retrieve them via the Exa API.