Bendix Aviation Corp. v. Glass

KIRKPATRICK, District Judge.

This action began on June 4, 1948, with a complaint by Bendix for a declaratory judgment. The controversy out of which it arose and an account of the early procedural steps are set forth concisely in Judge Maris’ opinion in 3 Cir., 195 F.2d 267, at pages 272 and 273, 38 A.L.R.2d 356, and need not be repeated here, except to say that this Court dismissed the complaint on May 7, 1951, (an order subsequently affirmed by the Court of Appeals) and that, since that time, the only part of the action which has survived is the claim for money damages asserted by the…