EMPLOYERS'LIABILITY ASSUR. CORP. v. Mitchell
| Decision Date | 07 June 1954 |
| Docket Number | No. 14646.,14646. |
| Parties | EMPLOYERS' LIABILITY ASSUR. CORP. v. MITCHELL et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Marian Mayer, Deutsch, Kerrigan & Stiles, New Orleans, La., for appellant.
Amos L. Ponder, Jr., Warren M. Simon, Thomas C. Wicker, Jr., New Orleans, La., Joseph A. Gladney, Baton Rouge, La., for appellees.
Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.
Writ of Certiorari Denied June 7, 1954. See 74 S.Ct. 869.
This appeal is from a judgment dismissing a civil action for declaratory relief on the ground that the identical is sue was in litigation before the state court; that all parties to the suit were parties to the state litigation; and that the state court had an additional necessary party before it. The court below, in the exercise of its discretion to avoid a possible conflict with the state courts, stayed further proceedings; then, at the request of appellant, dismissed the declaratory action in order to give the appellant an opportunity to appeal. The main issue is whether the court below abused its discretion in staying proceedings for declaratory judgment. The appellant urges that the lower court's action was erroneous for the reason that the state action was filed subsequent to this suit; that the issues are not shown to be the same; and that the declaratory action would serve a useful purpose.
The alleged facts are as follows: On April 14, 1952, L. E. Pullen (husband of Vola Evelyn Pullen), an employee of the Southern Equipment and Tractor Company, was killed through the negligence of appellee V. J. Mitchell in the operation of a dragline belonging to said Company. On December 12, 1952, Mrs. Pullen sued the appellant, as the insurer of Mitchell, in a Louisiana state court for damages resulting from her husband's death. The suit was removed by appellant to the court below, but was dismissed by the plaintiff before the appellant filed its answer. On January 5, 1953, the appellant filed this suit for a declaratory judgment, in which it sought a declaration of non-liability for the death of Pullen, and also a declaration that it was not obligated to defend Mitchell against any action that might be brought against him on account of the death of Pullen. On January 26, 1953, Mrs. Pullen filed another suit against appellant in the state court, joining Mitchell as a defendant.
The appellees moved severally to dismiss the action for a declaratory judgment on the ground of pendency of a state-court action involving the same parties. Meanwhile, on March 9, 1953, the Maryland Casualty Company had intervened in Mrs. Pullen's state-court action to claim reimbursement for workmen's compensation benefits paid by it on account of Pullen's death. On April 12th, the court vacated its previous order of March 16, and ordered a stay pending the outcome of the state proceedings.
Thereafter, upon request of the appellant, the court dismissed the suit so that the appellant could take an appeal. Subsequent to the dismissal, we were told upon oral argument, the state court ruled in favor of appellant, and from this adverse decision Mrs. Pullen, Mitchell, and ...
To continue reading
Request your trial
-
Westport v. Atchley, Fussell, Waldrop & Hlavinka
...rights is the desire to avoid unnecessary conflict with other courts, be they state or federal forums. See Employers' Liability Assur. Corp. v. Mitchell, 211 F.2d 441 (5th Cir.), cert. denied., 347 U.S. 1014, 74 S.Ct. 869, 98 L.Ed. 1137 (1954). Here, according to the Court's construction of......
-
Spriggs v. Wilson
...Motors Corp., 134 F.2d 450 (2d Cir.), cert. denied, 319 U.S. 762, 63 S.Ct. 1318, 87 L.Ed. 1713 (1943); see Employers' Liability Assur. Corp. v. Mitchell, 211 F.2d 441 (5th Cir.), cert. denied, 347 U.S. 1014, 74 S.Ct. 869, 98 L.Ed. 1137 16 Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L......
-
MDS(Canada), Inc. v. Rad Source Techs., Inc.
...“The granting of relief by declaratory judgment is a matter within the sound discretion of the court.” Emp'r's Liab. Assurance Corp. v. Mitchell, 211 F.2d 441, 443 (5th Cir.1954). 21 “However, even where declaratory relief is not requested, the courts may grant such relief where the pleadin......
-
PPG Industries, Inc. v. Continental Oil Company
...suits are in personam rather than in rem, but priority is a factor entitled to some consideration. See Employers' Liability Assurance Corporation v. Mitchell, 5th Cir. 1954, 211 F.2d 441, cert. denied, 347 U.S. 1014, 74 S.Ct. 869, 98 L.Ed. 1137; Carbide & Carbon Chemicals Corporation v. Uni......