Brown v. Dubuque Fire & Marine Ins.

REEVES, Chief Judge.

This motion is based upon the fact that prior to the filing of the instant suit the defendant had heretofore, to-wit, on December 30, 1949, filed a suit for a declaratory judgment against the plaintiffs. This suit is numbered 6135 and is pending in this court. The defendant in this action seeks delay of adjudication until the questions raised in the declaratory judgment suit have been determined.

Attention is called to Rule 13(a), Federal Rules of Civil Procedure, 28 U.S.C.A., which requires a counterclaim under certain contingencies, and it is argued by counsel for the…