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EMPLOYERS' LIABILITY ASSUR. CORP. v. MITCHELL

No. 14646.

211 F.2d 441 (1954)

EMPLOYERS' LIABILITY ASSUR. CORP. v. MITCHELL et al.

United States Court of Appeals Fifth Circuit.

Writ of Certiorari Denied June 7, 1954.

Attorney(s) appearing for the Case

Marian Mayer, Deutsch, Kerrigan & Stiles, New Orleans, La., for appellant.

Amos L. Ponder, Jr., Warren M. Simon, Thomas C. Wicker, Jr., New Orleans, La., Joseph A. Gladney, Baton Rouge, La., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

Writ of Certiorari Denied June 7, 1954. See 74 S.Ct. 869.

HOLMES, Circuit Judge.

This appeal is from a judgment dismissing a civil action for declaratory relief on the ground that the identical is sue was in litigation before the state court; that all parties to the suit were parties to the state litigation; and that the state court had an additional necessary party before it. The court below, in the exercise of its discretion to avoid a possible conflict...

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