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CALVERT FIRE INS. CO. v. WILL

No. 76-1495.

560 F.2d 792 (1977)

CALVERT FIRE INSURANCE COMPANY, Plaintiff-Petitioner, v. Honorable Hubert L. WILL, Judge of the United States District Court for the Northern District of Illinois, Respondent, and American Mutual Reinsurance Company, Defendant-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1977.

Attorney(s) appearing for the Case

Michael L. Weissman, Chicago, Ill., Louis Loss, Cambridge, Mass., for plaintiff-petitioner.

Thomas J. Weithers, Chicago, Ill., for respondent.

Before SWYGERT and WOOD, Circuit Judges, and GRANT, Senior District Judge.

SWYGERT, Circuit Judge.

The question before us is whether a federal court in a pending suit may await the outcome of a state court action between the same parties in which all but one of the issues are identical, that one issue being a claim for damages over which the federal court has exclusive jurisdiction. The question forms the basis for a petition for a writ of mandamus against United States District Judge Hubert L. Will of the Northern District of Illinois....

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