Legal Opinion

Byrd v. United States

Court of Appeals for the Fifth Circuit

Decided December 1, 1980No. 78-3181Published

1Opinion of the Court

*1159ize or delimit the claims which may be made in the federal litigation. At best, defendants appear to be addressing themselves to the discretionary question of whether the court should stay the federal proceedings pending final determination of the State action. Klein v. Walston & Co., 432 F.2d 936 (2 Cir. 1970); C. Wright, Federal Courts § 52-at 205 (2d ed. 1970). Not only is this question not properly before the court on this motion, but plaintiffs assert that the causes of action in the State court are wholly distinct from those pending here. The court must therefore conclude that the…

2Cases cited2 opinions

  1. Fed. Sec. L. Rep. P 92,849 Ernest Klein v. Walston & Co., Inc.Court of Appeals for the Second Circuit · 1970
  2. Manfredonia v. BarryDistrict Court, E.D. New York · 1971

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