Technical Tape Corp. v. Minnesota Mining & Manufacturing Co.

LUMBARD, Circuit Judge.

The defendant Minnesota Mining and Manufacturing Company moves under Rules 12(b) and (d), Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss this suit for declaratory judgment or, in the alternative, to transfer the proceeding to the Northern District of Illinois pursuant to 28 U.S.C. § 1404 (a). The grounds for the motion to dismiss are two: (1) that there was not an actual controversy between the parties at the time the action was commenced on May 12, 1955, as required by the Declaratory Judgment Act, 28 U.S.C. § 2201; and (2) that Armour Research Foundation of…