Pickering v. Oleo Strut, Inc.

Quillian, Chief Judge.

The plaintiff appeals from an order dismissing his complaint, without prejudice, on the ground that there was another suit based on the same cause of action and between the same parties pending in the United States District Court. Held:

“The general rule is that the pendency of a prior suit in a district court of the United States is not a bar to a suit in a State Court between the same parties and for the same cause of action. Consequently, where such a state of facts exists, a plea in abatement to such suit in the State court should not be sustained, (a) One exception…