687 S.W.2d 194

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, a corporation, Appellant, v. Eugene SMITH, Respondent.

No. 66706.

Supreme Court of Missouri, En Banc.

April 2, 1985.

*195S. Francis Baldwin, Charles Alan Seigel, H. Kent Munson, St. Louis, for appellant.

Thomas P. Howe, Joseph R. Burcke, Clayton, for respondent.

PER CURIAM.

The trial court dismissed, without prejudice, International Telephone and Telegraph Corporation’s [ITT] petition for a declaratory judgment against Eugene Smith. The Missouri Court of Appeals, Eastern District, ordered the appeal transferred to this Court.1

From the record, briefs, and argument of the parties, we are of the opinion that ITT seeks an advisory opinion from this Court for the use and benefit of the federal judiciary in the suit now pending between the same parties in that forum. An agreement with the federal courts never having been consummated and our Rules not having been changed or modified to provide for advisory opinions to federal courts, we deem it unwise to abandon our long-established practice of refusing to render advisory opinions upon the request of party litigants.

Appeal dismissed.

WELLIVER, HIGGINS, GUNN, BILLINGS, BLACKMAR and DONNELLY, JJ., concur.

RENDLEN, C.J., not participating.

International Telephone & Telegraph Corp. v. Smith
687 S.W.2d 194

Case Details

Name
International Telephone & Telegraph Corp. v. Smith
Decision Date
Apr 2, 1985
Citations

687 S.W.2d 194

Jurisdiction
Missouri

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