Allen v. American Fidelity & Casualty Co.

HUTCHESON, Circuit Judge.

Appellants were enjoined from prosecuting in the state court the suit they had brought there to reform and recover on, as reformed, an insurance policy which this court, in a law action, had held could not he recovered on as written.1

Upon what theory the District Judge enjoined these appellants from doing exactly what the plaintiff in Northern Assurance Company v. Grandview Bldg. Ass’n,2 did, that is, file an equitable action to reform the policy in the state court, after he had lost his action on it in the federal court, we are not informed.3

Neither findings as…