Viles

This is an appeal from a summary judgment dismissing a complaint seeking a declaratory judgment that appellant was “totally and permanently” disabled, as a result of an impairment of his eyesight, as that *100 phrase is used in a policy of insurance issued to him by appellee insurance company in 1927 and covering such disability. The appellee pleaded ¡below that there had been prior adjudications of the same contention as that upon which appellant sought this declaratory judgment, and the summary judgment below was granted because of such prior adjudication.

It appears from the record that appellant filed a suit against appellee to recover for such a 'claimed disability in the state court of Jefferson County, Colorado. This suit, called the first suit, was removed to the United States District Court for the District of Colorado, in which on demurrer a judgment against him was rendered. On appeal to the United States Circuit Court of Appeals for the Tenth Circuit the judgment was reversed. Viles v. Prudential Insurance Co., 96 F.2d 3 . On the remand the case was tried and decision rendered adversely to him on the merits of his claim to recovery on the policy. Thereafter an appeal…