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GRAND TRUNK R. CO. v. CONSOL. R. CORP.

No. 83-1331.

746 F.2d 323 (1984)

GRAND TRUNK WESTERN RAILROAD COMPANY, a Michigan and Indiana corporation, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1984.

Attorney(s) appearing for the Case

Kevin M. Stanko, argued, Detroit, Mich., for plaintiff-appellant.

T. Patrick Durkin, argued, Frasco, Hackett & Durkin, Bloomfield Hills, Mich., for defendant-appellee.

Before MERRITT and WELLFORD, Circuit Judges, and WEICK, Senior Circuit Judge.

MERRITT, Circuit Judge.

The sole issue on this appeal is whether we should exercise our discretion to review by declaratory judgment an order entered in the Circuit Court of Cook County, Illinois, adjudicating the merits of a claim for indemnification. Because we conclude the instant action is not an appropriate one for declaratory judgment, we vacate the District Court's order and dismiss the case.

I.

Mr. Ronald S. Wozniak, an employee of Conrail...

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