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ALLSTATE INS. CO. v. MERCIER

No. 89-1889.

913 F.2d 273 (1990)

ALLSTATE INSURANCE COMPANY, Plaintiff Counter-Defendant-Appellee, v. Dawn MERCIER, Adam Mair, Defendants. Appeal of Patricia J. ALLMAND, Personal Representative of the Estate of Wesley Roland Allmand, Deceased, Defendant Counter-Plaintiff.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1990.

Attorney(s) appearing for the Case

Joseph Kochis [COR NTC ret] Rosalind Rochkind (argued), Garan, Lucow, Miller, Seward, Cooper & Becker, Detroit, Mich., for plaintiff-appellee.

Carl M. Riseman, F. Anthony Lubkin (argued), Lapeer, Mich., for defendant-appellant.

Before KRUPANSKY and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

The issue for decision in this appeal is the appropriateness of a federal declaratory judgment determining liability of a party under a contract for tort damages being sought in a state court action. This court has attempted in recent years to prescribe a workable approach to deciding when it is appropriate for a district court to proceed in such cases under the discretionary jurisdiction granted by the Declaratory Judgment Act of 1934...

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