Bittel

Appellant, Milwaukee Mechanics Insurance Company of Milwaukee, Wisconsin, a Wisconsin corporation, hereinafter called Milwaukee, brought suit in the district court' against Charles Bittel and Florence Bittel Rene¿ hereinafter called insured,, who were residents and citizens of the State of California. The complaint was for declaratory judgment that Milwaukee was not liable for loss by- fire to insured’s property in Beloit, Wisconsin, covered by its policy held by insured. The amount involved was in excess of $3,000 and jurisdiction of the district court was based upon diversity of citizenship. The relief for declaratory judgment was sought under the Federal Declaratory Judgment Act, 28 U. S.C.A. § 400, Judicial Code, Section 274d.

The insured filed a counterclaim against Milwaukee and, by leave of court, were permitted to bring in the Pennsylvania Fire Insurance Company, a Pennsylvania corporation, hereinafter called Pennsylvania, as a third party defendant.

The insured’s answer and third party complaint alleged the issuance of policies of insurance in both Milwaukee and Pennsylvania and prayed judgment that either Milwaukee or Pennsylvania, or both, be held liable to indemnify…