Legal Opinion
Thiokol Chemical Corp. v. Burlington Industries, Inc.
District Court, D. Delaware
Decided May 25, 1970No. Civ. A. 3782PublishedCited by 21 opinions
1Opinion of the Court
OPINION
CALEB M. WRIGHT, Chief Judge.
This is an action for declaratory judgment under 28 U.S.C. §§ 2201 and 2202.
Defendants have moved to dismiss the complaint against them on the grounds that it fails to state a claim upon which relief can be granted and that the Court lacks jurisdiction over the subject matter. Fed.R.Civ.P. 12(b) (6) and 12 (b) (1). Defendants assert that the complaint fails to set forth the existence of an actual controversy between plaintiff and defendants of which this Court has jurisdiction to grant declaratory relief.
Plaintiff seeks a judgment declaring that two types…
2Cases cited17 opinions
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Sanford v. KepnerSupreme Court of the United States · 1952
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- The General Tire & Rubber Company v. The Honorable R. Dorsey Watkins, United States District Judge for the Districtof MarylandCourt of Appeals for the Fourth Circuit · 1964
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- C.R. Bard, Inc. v. Boris SchwartzCourt of Appeals for the Federal Circuit · 1983
- Warner-Jenkinson Company, and H. Kohnstamm & Company, Inc., Plaintiffs v. Allied Chemical CorporationCourt of Appeals for the Second Circuit · 1977
- Thiokol Chemical Corp. v. Burlington Industries, Inc.Court of Appeals for the Third Circuit · 1971
- General Motors Corporation v. VolpeDistrict Court, D. Delaware · 1970
- Milton Roy Co. v. Bausch & Lomb Inc.District Court, D. Delaware · 1976
16 more not listed; retrieve them via the Exa API.