Blue v. Mathena

CHRISTIE, District Judge.

This matter is before the Court pursuant to defendant’s Motion to Dismiss under Rule 12(b) Federal Rules of Civil Procedure (28 U.S.C.A.), on the ground *927that this Court is without jurisdiction in that at the time of filing the instant Complaint, a suit between the same parties involving the same issues was then pending in the Circuit Court of Mercer County, West Virginia.

The stipulations of counsel show that in February of 1966 an action involving the same subject matter and parties was instituted in the Circuit Court of Mercer County, and that on March 7, 1966, an…