Wheeling Steel Corp. v. American Rolling Mill Co.

SIMONS, Circuit Judge.

We are upon this appeal concerned with a bill for discovery filed by the defendant in a law action now pending in another jurisdiction. Discovery is sought on the ground that it is necessary to enable the present plaintiff to properly plead its defenses at law, which it has not yet done. The court below sustained a motion to dismiss, and from a decree dismissing the bill as premature appeal was taken.

The American Rolling Mill Company, hereinafter referred to as Armco, brought a law action against Wheeling in the federal District Court of Delaware. It sought recovery of…