Legal Opinion
Sain v. Montana Power Co.
District Court, D. Montana
Decided September 29, 1937No. 1488PublishedCited by 3 opinions
1Opinion of the Court
BOURQUIN, District Judge.
Heretofore, the court determined it had jurisdiction of this suit, but that due respect for the state court of earlier jurisdiction then presently controlling and administering the property, subject matter of the suit, required this court in proper exercise of discretion to refuse to proceed; and dismissal was ordered. See (D.C.) 5 F.Supp. 792.
The intermediate appellate court held the dismissal was “on the ground of failure of jurisdiction” herein, that this court had jurisdiction and “instructed” it “to proceed with the cause.” See (C.C.A.) 84 F.(2d) 126.
Though not…
2Cases cited22 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
- Pennsylvania v. WilliamsSupreme Court of the United States · 1935
- United States v. Bank of New York & Trust Co.Supreme Court of the United States · 1936
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3Cited by3 opinions
- Franz v. Security-First National BankSupreme Court of Missouri · 1940
- United States v. United States District Court in and for Southern Dist. Of California, Northernd DivisionCourt of Appeals for the Ninth Circuit · 1953
- United States v. United States District Court in and for Southern Dist. Of California, Northernd DivisionCourt of Appeals for the Ninth Circuit · 1953