Siebrand v. Eyerly Aircraft Co.

KILKENNY, District Judge.

Plaintiffs instituted this action to obtain indemnity from defendants for amounts paid in satisfaction of certain judgments awarding damages for personal injuries.

Defendant in Count I of its counterclaim charges that plaintiffs, in November 1958, filed a complaint against defendant in the United States District Court for the Northern District of Illinois, Eastern Division, which complaint was substantially identical to the complaint in the present case. In September 1959, the said District Court dismissed plaintiffs’ complaint for want of jurisdiction over the…