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INDEMNITY INS. CO. OF NORTH AMERICA v. KELLAS

No. 4377.

173 F.2d 120 (1949)

INDEMNITY INS. CO. OF NORTH AMERICA v. KELLAS et al.

United States Court of Appeals First Circuit.

As Amended March 8, 1949.

Attorney(s) appearing for the Case

James P. Moriarty, of Springfield, Mass., for appellant.

Alton H. Grauman, of Boston, Mass. (Cohen, Bernkopf, Grauman & Goodman, of Boston, Mass., on the brief), for appellees Ednamarie Kellas and Ruth Kellas.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and PETERS, District Judge.

MAGRUDER, Chief Judge.

Indemnity Insurance Company of North America, a Pennsylvania corporation, appeals from a judgment dismissing its complaint for a declaratory judgment. The district court was of the view that it had jurisdiction of the complaint under the Federal Declaratory Judgment Act, 48 Stat. 955, now 28 U.S.C.A. § 2201, but declined to exercise such jurisdiction as a matter of discretion. Indemnity Ins. Co...

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