ORDER AND MEMORANDUM OPINION
CUMMINGS, District Judge.
Coming on for consideration is defendant's motion to dismiss and plea in abatement, contained in its original answer and counterclaim filed April 25, 1988. The Court, after review of the pleadings and arguments of counsel, finds that this Court has the discretion to entertain the present declaratory judgment suit. Texas Employers' Insurance Ass'n v. Jackson,
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