§ 5.3.4 The Effect of the Pendency of Other Actions.

• Jurisdiction: Arizona

§ 5.3.4 The Effect of the Pendency of Other Actions. Under Arizona state law the pendency of other actions raising the same issues that will be litigated in the declaratory judgment action generally will foreclose resort to that remedy. Merritt-Chapman & Scott Corp. v. Frazier, 92 Ariz. 136, 139, 375 P.2d 18, 19 (1962). The federal courts, perhaps because they have faced the issue more often, are more flexible and dismiss or stay the action for declaratory relief only when it is less efficient and useful than the pending action. Amerada Petroleum Corp. v. Marshall, 381 F.2d 661 (5th Cir. 1967), cert. denied, 389 U.S. 1039, 88 S. Ct. 776, 19 L. Ed. 2d 828 (1968) (New York suit more efficient because case had more contacts with that state than with Texas); McGraw Edison Co. v....