John P. McNally and Tom McNally D/B/A McNally Elevator Service Company v. American States Insurance Company, a Foreign Corporation

This appeal challenges an order dismissing appellants McNallys’ “Petition for Further Relief” to implement a declaratory judgment previously affirmed by this Court, McNally v. American States Ins. Co., 308 F.2d 438 (CA 6, 1962). Examination of the pleadings and proceedings convinces us that appellants, within the meaning of the second section of the Declaratory Judgment Act, 28 U. S.C.A. § 2202, presented a request for proper additional relief based on the earlier District Court decree affirmed by this Court as aforesaid. We are of the opinion that the Petition for Further Relief here…