Ray v. Hasley

RIVES, Circuit Judge.

This action for damages resulting from an automobile collision was filed on July 7, 1953, the day after judgment for the defendants had been entered in an action in the Texas State Court on the same cause and between the same parties. The defendants moved to dismiss on account of such prior action and judgment. When the motion to dismiss came on for hearing, the state court proceedings had progressed to the point where the trial court had overruled a motion for new trial, the testimony had been transcribed and “the appeal is in process”, according to the statement of…