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AETNA CAS. & SUR. CO. v. IND-COM ELEC. CO.

No. 97-1347.

139 F.3d 419 (1998)

AETNA CASUALTY & SURETY COMPANY, Plaintiff-Appellant, v. IND-COM ELECTRIC COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1998.

Attorney(s) appearing for the Case

ARGUED: Michael Andrew Pollard, Baker & McKenzie, Chicago, IL, for Appellant. Robert Harper Heckman, Adams, Kleemeier, Hagan, Hannah & Fouts, Greensboro, NC, for Appellee. ON BRIEF: Charles B. Lewis, Jeffrey L. Hamera, Baker & McKenzie, Chicago, IL; William E. Freeman, Kevin M. Capalbo, Moore & Van Allen, Durham, NC, for Appellant. Thomas S. Thornton, Adams, Kleemeier, Hagan, Hannah & Fouts, Greensboro, NC, for Appellee.

Before RUSSELL, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

This appeal requires us to consider a question that the Supreme Court expressly declined to answer in Wilton v. Seven Falls Co.,1 namely, what are the bounds of a district court's discretion to dismiss a declaratory judgment action in the absence of a parallel state court proceeding. Because we refuse to fashion a per se rule requiring a district court...

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