Legal Opinion
Kirkman v. Wilmington Trust Co.
District Court, D. Delaware
Decided August 9, 1945No. Civil Action No. 404PublishedCited by 3 opinions
1Opinion of the Court
LEAHY, District Judge.
This proceeding is instituted under the provisions of the federal Declaratory Judgment Act, 28 U.S.C.A. § 400, by plaintiff who is a receiver appointed by the courts of New Jersey. Plaintiff prays for a declaratory judgment that he is vested with title to all property rights and interests of one Ferdinand R. Patzowsky under the will of his father, Richard Patzowsky, deceased, and further that the court declare that the interest is such that it be payable to plaintiff upon the occurrence of certain contingencies. A motion to dismiss was argued on the grounds (1) there is…
2Cases cited12 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
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3Cited by3 opinions
- Stamicarbon, N v. v. Chemical Construction Corp.District Court, D. Delaware · 1973
- American Machine & Metals, Inc. v. De Bothezat Impeller Co.District Court, S.D. New York · 1947
- Stephenson v. StephensonDistrict Court, E.D. Wisconsin · 1957