Employers' Liability Assur. Corp. v. Mitchell
Court of Appeals for the Fifth Circuit
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
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
- Franklin Life Ins. Co. v. JohnsonCourt of Appeals for the Tenth Circuit · 1946
- Yellow Cab Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1951
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3Cited by25 opinions
- Rowan Companies, Inc. v. Huey P. GriffinCourt of Appeals for the Fifth Circuit · 1989
- Mission Insurance Company v. Puritan Fashions CorporationCourt of Appeals for the Fifth Circuit · 1983
- Ppg Industries, Inc. v. Continental Oil CompanyCourt of Appeals for the Fifth Circuit · 1973
- Southern California Petroleum Corporation, Mohawk Petroleum Corporation and Kewanee Oil Company v. George W. HarperCourt of Appeals for the Fifth Circuit · 1960
- Raymond C. Byers v. Guinevere E. ByersCourt of Appeals for the Fifth Circuit · 1958
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