Western Electric Co. v. Hammond

WYZANSKI, District Judge.

The defendant moves to dismiss the-plaintiff’s action for a declaratory judgment. His position is that the plaintiff has not stated a cause of action under the Declaratory Judgment Act, Section 274d of the Judicial Code, Act of June 14, 1934-*719c. 512, 48 Stat. 955, U.S.C.A. Tit. 28 § 400, because, in the defendant’s view, there is between these parties no case of actual controversy; and that even if a cause of action has been stated, this court as a matter of discretion should refuse to exercise its power to issue a declaratory judgment.

For the purpose of understanding…