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Cerberus Capital Management, still trying to scuttle its $4 billion purchase of United Rentals Inc., said yesterday that it had filed a request for declaratory judgment in New York State Supreme Court.
A request for declaratory judgment, filed in Federal District Court in Manhattan, involves "Boy Leading a Horse" (1906), donated to MoMA in 1964 by William S. Paley, the founder of CBS, and "Le Moulin de la Galette" (1900), given to the Guggenheim in 1963 by the art dealer Justin K. Thannhauser.
If the court does not grant her request for declaratory relief, Harris said, she will be "forced to issue a title and summary for a proposal that seeks to legalize discrimination and vigilantism" and let the signature-gathering process begin.
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Consequently, Microsoft's request for a declaratory judgment against the states under 28 U.S.C.
Still to be acted on is HBO's request for a declaratory judgment upholding its contention that it has a multiple-fight contract with De La Hoya.
In a statement, Shell said it was filing the request for a declaratory judgment against 13 environmental groups, including Greenpeace and the Sierra Club, which have been resisting Shell's drilling plans for five years.
But it said it would pursue legal options, and on Thursday afternoon, the company filed a request for a declaratory judgment in favor of its app - and against Viacom - in Federal District Court for the Southern District of New York.
Although Judge Jones dismissed Mr. Solow's request for a declaratory judgment and Conseco's motion for dismissal, she said that the case could go forward on the allegations that Conseco breached its duty to hold a fair auction and committed fraud.
Anticipating a dispute, the company also filed a complaint in New York Supreme Court asking for declaratory relief.
There are few precedents to guide the court in deciding Shell's suit, technically known as a complaint for declaratory relief, which essentially asks a judge to declare a lawsuit without merit before it is even filed.
Aereo Complaint for Declaratory Judgment – FINAL FILED.
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