District Court of Appeal of Florida June 19, 1963, No. 3231 (Robb v. Atlantic Coast Line Railroad)

SHANNON, Chief Judge.

The appellant, plaintiff in the lower court, after being ruled against by this court in -the case of Robb v. Atlantic Coast Line Railroad Company, Fla.App.1960, 117 So. 2d 5.34, wherein he sought a declaratory .decree ¡under Sec. 87.01 et seq., Fla.Stat.,. F.S..A., filed a suit in the United States District Court for the Southern District .of Florida, in Tampa.