opinion: McDonald v. McDonald.
  No. 10725.
  United States Court oí Appeals District of Columbia Circuit.
  Argued Nov. 20, 1950.
  Decided March 22, 1951.
  Mr. Henry Lincoln Johnson, Jr., Washington, D. C., with whom Messrs. E. Lewis Ferrell and Curtis P. Mitchell, Washington, D. C., were on the brief, for appellant.
  Mr. Belford V. Lawson, Jr., Washington, D. C., with whom Mrs. Charlotte R. Pin-kett, Mr. Aubrey E. Robinson, Jr., and Miss Marjorie A. McKenzie, all of Washington, D. C., were on the brief, for appellee.
  Before CLARK, BAZELON, and FAHY, Circuit Judges.
  PER CURIAM.
  The appellant, Earl H. McDonald, brought an action in the District Court to enjoin Hortense G. McDonald, the defendant in that action and the appellee here, from the prosecution of a declaratory judgment action in the same court against the appellant seeking to have her marital status determined, with particular reference to the effect, if any, on that status of divorce proceedings which appellant had prosecuted against her in Arkansas. The injunction action was founded on an agreement, or stipulation, between Earl H. McDonald and Hortense G. McDonald entered into prior to the Arkansas proceedings. Particularly, it was alleged that the declaratory judgment action constituted a violation of the provisions in said agreement that, “No further litigation, except possibly another action for divorce by Hortense G. McDonald or Earl H. McDonald, shall be commenced by any party to this stipulation against any other party to this stipulation because of any matter whatsoever which has occurred prior to the date of this stipulation; * * * ” and “neither shall interfere with any business or social activity of the other.”
  On appellant’s motion for a preliminary injunction and the appellee’s motion to dismiss, the District Court concluded that the commencement and prosecution of the declaratory judgment action by the appellee was not a violation of the agreement. We agree with this conclusion. The action sought to be enjoined was not an interference with any social or business activities of appellant; it was designed to obtain judicial determination of the legal status of the relationship between the parties. Furthermore, it was not contrary to the agreement not to engage in further litigation by reason of “any matter whatsoever which has occurred prior to the date of this stipulation,” since it grew out of proceedings in Arkansas instituted subsequently to that date.
  We accordingly affirm the order of the District Court denying the motion for preliminary injunction and dismissing the complaint. In doing so, however, we point out that the District Court m its conclusions of law also stated that the defendant, appellee, was entitled to have her marital status determined in the declaratory judgment action. This was not for determination on the motion to dismiss the injunction action. Whether or not the relief prayed in the declaratory judgment action should or should not be granted must await determination under principles brought into application by such pleadings or evidence as might develop in that litigation. The granting of a declaratory judgment, for example, lies within the sound discretion of the court. Eccles v. Peoples Bank of Lakewood Village, 1948, 333 U.S. 426, 431, 68 S.Ct. 641, 92 L.Ed. 784; Brillhart v. Excess Ins. Co., 1942, 316 U.S. 491, 494, 62 S.Ct. 1173, 86 L.Ed. 1620. Furthermore, the merits of the action sought to be enjoined were not before the court for decision in the injunction action itself. The only issue properly determined was that no case for an injunction was made, not that the declaratory judgment action itself should eventuate successfully for the plaintiff.
  Affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama