National Equipment Rental, Ltd. v. A. L. Fowler, D. O. Thomas, and E. O. Thomas, Individually and Doing Business as Fowler Poultry & Egg Co.

The principles of comity and judicial economy seem to me to require us to hold that National’s decision first to litigate in the Alabama federal court the question of where the dispute should be tried precluded it from raising the question again in the Eastern District of New York after the Alabama federal court had ruled against it.

We are all agreed that a district court may protect its own jurisdiction by enjoining parties from subsequently litigating the same controversy before another district court. E. g., Remington Products Corp. v. American Aerovap, Inc., D.C.S.D.N.Y., 97 F.Supp. 644,…