Court of Appeals for the Tenth Circuit January 19, 1956, 5134 (Aetna Insurance Company, a Corporation v. Chicago, Rock Island and Pacific Railroad Company)

MURRAH, Circuit Judge.

In this declaratory action the question on appeal is the correctness of the trial court’s judgment dismissing the action as to some of the parties plaintiff for lack of jurisdictional amount in controversy, and as to other parties plaintiff, because of the pendency of a suit in the state court involving the same subject matter between the same parties.