Legal Opinion

Employers' Liability Assur. Corp. v. Mitchell

Court of Appeals for the Fifth Circuit

Decided June 7, 1954No. 14646_1PublishedCited by 25 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This appeal is from a judgment dis missing a civil action for declaratory relief on the ground that the identical is sue was in litigation before the statt court; that all parties to the suit were parties to the state litigation; and that the state court had an additional necessary party before it. The court below, in the exercise of its discretion to avoid a possible conflict with the state courts, stayed further proceedings; then, at the request of appellant, dismissed the declaratory action in order to give the appellant an opportunity to appeal. The main issue is…

2Cases cited8 opinions

  1. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  2. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  3. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  4. Franklin Life Ins. Co. v. JohnsonCourt of Appeals for the Tenth Circuit · 1946
  5. Yellow Cab Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1951

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Rowan Companies, Inc. v. Huey P. GriffinCourt of Appeals for the Fifth Circuit · 1989
  2. Mission Insurance Company v. Puritan Fashions CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. Ppg Industries, Inc. v. Continental Oil CompanyCourt of Appeals for the Fifth Circuit · 1973
  4. Southern California Petroleum Corporation, Mohawk Petroleum Corporation and Kewanee Oil Company v. George W. HarperCourt of Appeals for the Fifth Circuit · 1960
  5. Raymond C. Byers v. Guinevere E. ByersCourt of Appeals for the Fifth Circuit · 1958

20 more not listed; retrieve them via the Exa API.

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