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ASSOCIATED INDEMNITY CORPORATION v. GARROW CO.

No. 164.

125 F.2d 462 (1942)

ASSOCIATED INDEMNITY CORPORATION v. GARROW CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 29, 1942.

Attorney(s) appearing for the Case

Louis Solomon, of New York City, for Esposito, appellant.

Harry L. Fein, of New York City (Isidor Enselman, Louis Solomon, and Harry L. Fein, all of New York City, of counsel), for Garrow Co., appellant.

Joseph M. Leahey, of New York City, for appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

PER CURIAM.

Upon the merits of the controversy we are content to affirm upon Judge Clark's opinion reported in 39 F.Supp. 100. We are not, however, to be understood as holding that the granting of declaratory relief is always mandatory rather than discretionary when another action is pending. Some of Judge Clark's remarks concerning Maryland Casualty Co. v. Pacific Co., 312 U.S. 270, 61 S.Ct. 510...

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