Murray B. Marsh Co. v. Mohasco Industries, Inc.

ORDER DISMISSING COUNT SIX OF AMENDED COMPLAINT WITHOUT PREJUDICE

This matter having come on before the Court for hearing on March 8, 1971, upon defendant’s Motion to Dismiss, to Stay and to Transfer Count Six of Amended Complaint, 1 upon defendant’s Points and Authorities in support thereof, and Plaintiffs’ Authorities in Opposition thereto, and the Court having taken the said Motions under submission, subject to the filing of supplemental memoranda by defendant in support thereof and by plaintiffs in opposition thereto, and the Court having duly considered said Motions, Points and Authorities and supplemental memoranda and being fully advised in the premises, and good cause appearing therefore,

It is hereby ordered and adjudged:

1. Count Six of the Amended Complaint be and the same hereby is dismissed without prejudice.

2. This Dismissal Without Prejudice is made and entered upon the grounds that the Court has discretionary power to grant or deny declaratory relief as sought in said Count Six of the Amended Complaint, pursuant to 28 U.S.C. § 2201 *653 and exercises its discretion to deny such relief by granting the Dismissal Without Prejudice.

3. Among the reasons and…