Legal Opinion
Western Electric Co. v. Hammond
Court of Appeals for the First Circuit
Decided April 27, 1943No. 3822PublishedCited by 32 opinions
1Opinion of the Court
MAGRUDER, Circuit Judge.
The Western Electric Company, Inc. appeals from a judgment dismissing its complaint against John Hays Hammond, Jr. asking for a declaratory judgment. This action was taken upon Hammond’s motion to dismiss, which was based upon an assertion that the complaint failed to disclose the existence of any “actual controversy” between the plaintiff and defendant within the meaning of § 274d of the Judicial Code, 48 Stat. 955, 28 U.S.C.A. § 400, and that even if the court had jurisdiction, it should as a matter of discretion refuse to issue a declaratory judgment. The court…
2Cases cited18 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Richmond Screw Anchor Co. v. United StatesSupreme Court of the United States · 1928
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Aralac, Inc. v. Hat Corporation of AmericaCourt of Appeals for the Third Circuit · 1948
- Franklin Life Ins. Co. v. JohnsonCourt of Appeals for the Tenth Circuit · 1946
- Hammett v. Warner Bros. Pictures, Inc.Court of Appeals for the Second Circuit · 1949
27 more not listed; retrieve them via the Exa API.