American Machine & Metals, Inc. v. De Bothezat Impeller Co.

KNOX, Chief Judge.

This is a motion by plaintiff asking for a pre-trial conference. Federal Rules of Civil Procedure, rule 16, 28 U.S.C.A.

The action is for a declaratory judgment construing a contract. Plaintiff contends it may terminate its contract with defendant and remain in the fan business; defendant maintains that if the contract be terminated, plaintiff must refrain from doing business in fans. Judge Bright ruled the case was not a proper one for a declaratory judgment, D.C., 75 F.Supp. 421, but was unanimously reversed by the Court of Appeals, 2 Cir., 166 F.2d 535.

Defendant’s answer,…