Cockburn v. Howard Johnson, Inc.

There is at issue here the right of a plaintiff, in an action in personam, to file a suit in a Tennessee Court, having jurisdiction, where plaintiff already has pending in a United States District Court located in Tennessee a suit involving the same parties and the same subject matter.

On 18 October 1963 plaintiff, Grover Cockburn, filed suit in the United States District Court for the Eastern District of Tennessee, Southern Division, against defendants, Boosevelt Buchanan, Howard Johnson’s, Inc. and Hertz Corporation. On 13 November 1963, with the District Court suit still pending, plaintiff…