E. F. Hutton Co. v. Cook

1 Citing case

  1. 909 v. Bolingbrook Police Pension Fund

    741 F. Supp. 1290 (S.D. Tex. 1990)   Cited 43 times
    Dismissing anticipatory declaratory judgment action under Securities Exchange Act of 1934, in favor of second-filed action in Illinois district court

    Pursuant to this maxim, courts have held that a declaratory claim should be dismissed if it was filed for the purpose of anticipating a trial of the same issues in a court of coordinate jurisdiction. See Mission Insurance, 706 F.2d at 602; Amerada Petroleum Corp. v. Marshall, 381 F.2d 661, 663 (5th Cir. 1967), cert. denied, 389 U.S. 1039, 88 S.Ct. 776, 19 L.Ed.2d 828 (1968); E.F. Hutton Co. v. Cook, 292 F. Supp. 409, 410 (S.D.Tex. 1968). The Court cannot allow a party to secure a more favorable forum by filing an action for declaratory judgment when it has notice that the other party intends to file suit involving the same issues in a different forum.