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SMITH v. METROPOLITAN PROPERTY & LIABILITY INS.

No. 1142, Docket 80-7131.

629 F.2d 757 (1980)

Earl G. SMITH, Administrator of the Estate of Gary Dean Smith, Deceased, Plaintiff-Appellant, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 10, 1980.

Attorney(s) appearing for the Case

L. Douglas Shrader, Bridgeport, Conn. (Zeldes, Needle & Cooper, Frank J. Silvestri, Jr., Bridgeport, Conn., of counsel), for plaintiff-appellant.

Snow Gene Munford, Hartford, Conn., of counsel, for defendant-appellee.

Before LUMBARD, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

The only question raised in this appeal is whether the district court properly abstained in a diversity action. The complaint requested a declaration of the validity under Connecticut law of an exclusionary clause in an automobile insurance policy. The United States District Court for the District of Connecticut, Ellen Bree Burns, Judge, approved and adopted a ruling of a United States Magistrate Arthur H. Latimer that abstention was appropriate...

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