Kaiser Steel Corp. v. W. S. Ranch Company

The Court of Appeals erred in refusing to stay its action in this diversity case, as the crucial state law issue involved is of vital concern, is truly novel, will have to be resolved eventually in the New Mexico courts, and a declaratory judgment action is actually pending there.

Certiorari granted; 388 F. 2d 257 and 262, reversed and remanded.

J.R. Modral for petitioner.

William R. Federici for respondent.

Boston E. Witt, Attorney General, and F. Harlan Flint, Special Assistant Attorney General, filed a brief for the State of New Mexico on the relation of the New Mexico State Engineer, as amicus curiae, in support of the petition.

PER CURIAM.