SOUTHERN BELL TELEPHONE & T. CO. v. LOUISIANA POWER & L. CO.

No. 19428.

309 F.2d 181 (1962)

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, Appellant, v. LOUISIANA POWER & LIGHT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 30, 1962.


Attorney(s) appearing for the Case

James C. Henriques, New Orleans, La., John A. Boykin, Jr., John C. McRee, Atlanta, Ga. (Ogden, Woods, Henriques & Rives, New Orleans, La., William S. Connolly, Atlanta Ga., of counsel), for appellant.

Andrew P. Carter, E. G. Taggart, Monroe & Lemann, Melvin I. Schwartzman, New Orleans, La., for appellee.

Before CAMERON, JONES and GEWIN, Circuit Judges.


CAMERON, Circuit Judge.

The question before us here is whether the lower court erred in dismissing on the pleadings appellant's complaint praying for a declaratory judgment and injunction, and in giving judgment for appellee. The basis of the dismissal was that "the policy against relitigation of issues and the principles of comity" counseled restraint in halting "state court proceedings" to "enforce a questionable federal right to arbitration."

Appellant...

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