Hein

The United States District Court for the Western District of Washington rendered a judgment in favor of appellee Hein against appellant Chrysler Corpora tion for breach of contract. Chrysler appealed therefrom and that appeal is now pending in this court.

Subsequent to the rendition of the judgment in said United States District Court, Chrysler obtained a favorable judgment in a suit for tortious interference with business relations brought by Hein in the Superior Court of the State of Washington. Hein has appealed that judgment to the Supreme Court of the State of Washington, which appeal is now pending.

Appellant Chrysler asks this court to notice the judgment of the state court and enter judgment in its favor or, in the alternative, to remand the case to the United States District Court for appropriate relief on the ground that the breach of contract issue was litigated in both suits and the judgment of the state court, being later in time, the rule that where two conflicting judgments exist, the one later in time controls.

Appellant has not accepted the judgment of the District Court as final. It inconsistently challenges the validity of the federal judgment by appealing…