no action may be entertained for declaratory judgment adjudicating that defendant is guilty of tort
How later courts described this case
- no action may be entertained for declaratory judgment adjudicating that defendant is guilty of tort
- The “label which a plaintiff applies to a pleading does not determine the nature of the cause of action which he states.”
- amount in contract suit exceeded $10,-000
Written by the judges who cited it.
The opinion
FAHY, Circuit Judge.
I concur in the result. In No. 10870, however, I think we should leave to the court having jurisdiction of the contract issue the question whether or not a cause of action for breach of contract is stated.