KAUFMAN & RUDERMAN v. COHN & ROSENBERGER

No. 56, Docket 21422.

177 F.2d 849 (1949)

KAUFMAN & RUDERMAN, Inc. v. COHN & ROSENBERGER.

United States Court of Appeals Second Circuit.

Decided November 2, 1949.

Supplemental Opinion November 15, 1949.


Attorney(s) appearing for the Case

Morris Kirschstein, New York City, for appellant.

Mock & Blum, New York City, for appellee.

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


FRANK, Circuit Judge.

We need not decide whether or not the district court has jurisdiction of the declaratory judgment action. For even if it has, the court must determine whether, as a matter of judicial discretion, the suit ought to be entertained in a federal court. Assuming, then, that the court here has jurisdiction, we think it would have abused that discretion had it not dismissed the second cause of action.

Plaintiff (by asserting that the district...

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