Roberts v. Hollandsworth

TOWLES, Justice Pro Tem.,

dissenting:

From the majority’s determination affirming the trial court’s action in dismissing the above case on the ground that another action was pending, I must dissent.

As pointed out by the majority opinion, an action was filed in the United States District Court for the District of Idaho, was dismissed by the court on motion for summary judgment, and an appeal was filed to the Ninth Circuit Court of Appeals.

About the same time the appeal was filed, the plaintiff appellants herein filed an action in the state district court involving the same set of facts and the…