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ALLSTATE INSURANCE CO. v. FIREMEN'S INSURANCE CO.

No. 7859.

415 P.2d 553 (1966)

76 N.M. 430

ALLSTATE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. FIREMEN'S INSURANCE COMPANY, a corporation, et al., Defendants-Appellees.

Supreme Court of New Mexico.

June 20, 1966.

Attorney(s) appearing for the Case

Iden & Johnson, J.J. Monroe, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.

OPINION

COMPTON, Justice.

This appeal is taken from an order of dismissal in a declaratory judgment action filed by the plaintiff for a declaration of nonliability under a policy of insurance. For clarity, there is a prior action or proceeding now pending in the State of California wherein the plaintiff is seeking an adjudication of the identical issue he seeks to have determined in the present proceeding.

The sole question is whether the trial court...

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