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Connecticut General Life Ins. Co. v. Pierce.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


December 9, 1938

CONNECTICUT GENERAL LIFE INS. CO.
v.
PIERCE.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge.

Before BUFFINGTON and BIGGS, Circuit Judges, and MARIS, District Judge.

Per Curiam.

The appellant filed a bill for a declaratory judgment pursuant to the provisions of the Federal Declaratory Judgment Act (Act of June14, 1934, 48 Stat. 955, Jud. Code, Sec. 274d, 28 U.S.C. § 400, 28 U.S.C.A. § 400) and for an accounting against the appellee, whereby the appellant sought to have its rights and the rights of the appellee, growing out of a long course of dealing between the parties respectively as principal and agent, determined and adjudicated. The court below dismissed the bill upon the ground that a declaratory judgment would serve no useful purpose since all of the rights of the appellant might be preserved to it and determined in an action at law pending in the District Court of the United States for the Eastern District of Pennsylvania, brought by the appellee against the appellant.

The appeal lwas argued before this court but within a short time thereafter he action at law referred to (Pierce v. Connecticut General Life Insurance Company,*fn1 District Court, Eastern District of Pennsylvania, June Term, 1937, No. 20,022) was tried and resulted in a verdict and a judgment in favor of the appellant, the appellant, however, having tendered to the appellee $707.75 which it admitted was due to the appellee. The questions presented for our consideration by the pending appeal were all presented in the action at law and have been rendered moot by the adjudication in that action of the rights of the parties.

Accordingly the appeal is dismissed.


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