COAL OPERATORS CASUALTY CO. v. ABSHIRE

No. 333.

111 F.Supp. 24 (1953)

COAL OPERATORS CASUALTY CO. v. ABSHIRE et al.

United States District Court E. D. Kentucky, Pikeville Division.

March 18, 1953.


Attorney(s) appearing for the Case

C. W. Swinford of Stoll, Keenon & Park, Lexington, Ky., for plaintiff.

Abner May, Pikeville, Ky., for defendants, Arthur Abshire and Ferd Ball.

Francis M. Burke and F. Dale Burke, Pikeville, Ky., for defendants Henry Varney, Cecil Hunt and Carlos R. Kitchen.


SWINFORD, District Judge.

This is an action for a declaratory judgment under Section 274(d) of the Judicial Code as amended, 28 U.S.C.A. §§ 2201, 2202.

The case is before the court on the defendants' motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute an action at law under the provisions of the Declaratory Judgment Act.

The requisite jurisdictional facts as to diversity of citizenship and amount...

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