Associated Indemnity Corp. v. Garrow Co.

Upon the merits of the controversy we are content to affirm upon Judge Clark’s opinion reported in 39 F.Supp. 100. We are not, however, to he understood as holding that the granting of declaratory relief is always mandatory rather than discretionary when another action is pending. Some of Judge Clark’s remarks concerning Maryland Casualty Co. v. Pacific Co., 312 U.S. 270, 61 S.Ct. 510, 85 L.Ed. 826, have been thought to express that view. See Note, 51 Yale L.J. 511. We doubt if they go so far. At least we do not take that position. In the case at bar the issue of liability under the policy…