AMERICAN UNION INS. CO. v. LOWMAN WINE & B. CO.

Civ. A. No. 6410.

92 F.Supp. 881 (1950)

AMERICAN UNION INS. CO. OF NEW YORK et al. v. LOWMAN WINE & BOTTLING CO., Inc., et al.

United States District Court W. D. Missouri, W. D.

September 8, 1950.


Attorney(s) appearing for the Case

Hogsett, Trippe, Depping, Houts & James, Kansas City, Mo., for plaintiffs.

William Costello, Kansas City, Mo., for defendants William Lowman, William H. Costello, Alta Lowman, Emma Lowman and Violet Harrow.

J. K. Owens, Robert Meyers, Kansas City, Mo., for defendant Joe Balano.

Joseph N. Miniace, Marcy K. Brown, Kansas City, Mo., for defendant Peter Spallito.

Jim T. Reid, Gage, Hillix & Phelps, Donald W. Johnson, Kansas City, Mo., for other defendants.


REEVES, Chief Judge.

This is an action for a declaratory judgment. It was brought under Section 2201, Title 28 U.S.C.A., said section being formerly known as Section 400, Title 28 U. S.C.A. The section is a part of what was known as the Declaratory Judgments Act.

Two questions are presented for decision: (a) Does the action withdraw from the state courts the jurisdiction that said courts should properly and in fact exercise? And, (b), Should the alleged cause...

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