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PRUDENTIAL INS. CO. OF AMERICA v. McDOWELL

Civ. A. No. 83-1323.

570 F.Supp. 21 (1983)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. E. Dale McDOWELL, Defendant.

United States District Court, W.D. Pennsylvania.

September 7, 1983.

Attorney(s) appearing for the Case

Thomas R. Sweeney, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for plaintiff.

Harold Gondelman, Terrece F. McVerry, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

WEBER, District Judge.

Defendant McDowell has moved to stay or dismiss this declaratory judgment action because it is duplicative of an action filed by McDowell against Prudential in the state court. In order to prevent duplicative litigation and the circumvention of the removal requirements, we conclude that this action must be dismissed.

On April 18, 1983, McDowell filed suit in the Court of Common Pleas of Allegheny County against...

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