International Telephone & Telegraph Corp. v. Smith

The trial court dismissed, without prejudice, International Telephone and Telegraph Corporation’s [ITT] petition for a declaratory judgment against Eugene Smith. The Missouri Court of Appeals, Eastern District, ordered the appeal transferred to this Court.1

From the record, briefs, and argument of the parties, we are of the opinion that ITT seeks an advisory opinion from this Court for the use and benefit of the federal judiciary in the suit now pending between the same parties in that forum. An agreement with the federal courts never having been consummated and our Rules not having been…