State Automobile Ins. v. Parry

SANBORN, Circuit Judge.

The question presented by this appeal is whether the court below had jurisdiction of this suit upon the ground that it arose under the Motor Carrier Act of 1935, 49 Stat. 543, 49 U.S.C.A. § 301 et seq., and was therefore a suit which arose “under the Constitution or laws of the United States”, 28 U.S.C.A. § 41(1), and under a law “regulating commerce”, 28 U.S.C.A. § 41(8).

The suit is one for a declaratory judgment, 28 U.S.C.A. § 400, brought by the appellants against the appellee and others to secure a declaration of the nonliability of the State Automobile Insurance…