Caterpillar Tractor Co. v. Galion Iron Works & Manufacturing Co.

WILKIN, District Judge.

This cause came on for hearing upon two motions: first, the motion of the defendant to dismiss the bill of complaint, and, second, upon the motion of the plaintiff for an injunction pendente lite.

Both motions are overruled.

As to the first motion, the bill of complaint meets jurisdictional requirements, and states a cause of action under, the federal Declaratory Judgment Act, 28 U.S.C. § 400, 28 U.S.C.A. § 400,

The principal ground advanced by' the defendant for its motion to dismiss is sufficiently answered by the decision of the Court of Appeals, Sixth Circuit, in Bliss…