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PHOENIX INSURANCE COMPANY v. HARBY MARINA, INC.

Civ. A. No. 747.

294 F.Supp. 663 (1969)

The PHOENIX INSURANCE COMPANY, a corporation, Plaintiff, v. HARBY MARINA, INC., a corporation, Defendant.

United States District Court, N. D. Florida, Marianna Division.

January 8, 1969.

Attorney(s) appearing for the Case

Mercer P. Spear, Panama City, Fla., for plaintiff.

Julian Bennett, of Logue, Bennett & Williams, Panama City, Fla., for defendant.

ORDER GRANTING MOTION TO DISMISS

CARSWELL, Chief Judge.

The plaintiff in this case won the race to the federal courthouse by filing complaint which seeks relief by declaratory judgment. The adversary defendant had already won the race to the state courthouse by seeking to invoke the jurisdiction of the state court for declaratory judgment relief to the extent that the defendant had secured state court approval for filing a third party complaint against the...

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