Legal Opinion
Duro Test Corp. v. Welsbach Street Lighting Co. of America
District Court, D. Delaware
Decided October 12, 1937No. 1108PublishedCited by 12 opinions
1Opinion of the Court
NIELDS, District Judge.
This is a motion to dismiss a bill of complaint which is based on the Declaratory Judgment Act. Judicial Code § 274d (28 U.S.C.A. § 400).
The grounds assigned are (1) that the bill of complaint does not state facts sufficient to constitute a cause of action in this proceeding; (2) no actual controversy exists between the parties; and (3) American Development Company, a defendant, is an indispensable party and has not been served with process nor voluntarily appeared.
In the bill of complaint plaintiff alleges that an actual controversy exists between plaintiff and…
2Cases cited1 opinion
- Zenie Bros. v. MiskendDistrict Court, S.D. New York · 1935
3Cited by12 opinions
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- Aralac, Inc. v. Hat Corporation of AmericaCourt of Appeals for the Third Circuit · 1948
- Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939
- In Re Lawrence B. LockwoodCourt of Appeals for the Federal Circuit · 1995
- Girdler Corporation v. EI Du Pont De Nemours & Co.District Court, D. Delaware · 1944
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