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MARYLAND CASUALTY CO. v. FAULKNER

No. 8839.

126 F.2d 175 (1942)

MARYLAND CASUALTY CO. v. FAULKNER et al.

Circuit Court of Appeals, Sixth Circuit.

March 2, 1942.

Attorney(s) appearing for the Case

W. R. Lay, of Pineville, Ky. (Golden & Lay, of Pineville, Ky., on the brief), for appellant.

B. B. Snyder, W. B. Early, Glenn H. Stephens, J. C. Bird, and Stephens & Steeley, all of Williamsburg, Ky., for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

This appeal, like that in Dominion Electrical Mfg. Co. v. Edwin L. Wiegand Co., 6 Cir., 126 F.2d 172, this day decided, challenges the discretion of the District Court in dismissing a bill for declaratory relief under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400. In this case, as in that, there is no question as to the existence of an actual present...

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