State ex rel. Industrial Indemnity Co. v. District Court of the Fourth Judicial District

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an original application for a writ of supervisory control or other appropriate writ, directing the district court to dismiss a declaratory judgment action and order a trial on the merits, and to permit plaintiff in the district court action, Terrel M. Francisco, to amend her complaint.

William J. Francisco died on June 14, 1968, as a result of an industrial accident allegedly caused by the negligence of a third party. Relator, Industrial Indemnity Company, was at all times pertinent hereto, the workmen’s compensation…