Farmers Union Cooperative Elevator & Shipping Ass'n v. Grain Dealers Mutual Insurance

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from an order denying defendant’s motion to dismiss an action, or in the alternative to stay its prosecution, because of a prior pending action in the United States District Court for the District of Kansas, involving the same parties and the same controversy.

The procedural facts may be briefly stated.

On or about February 6, 1959, the defendant, Grain Dealers Mutual Insurance Company of Indianapolis, Indiana, issued its five-year policy of insurance to the plaintiff, The Farmers Union Cooperative Elevator and Shipping…