Legal Opinion

Ystueta v. Parris

District Court, N.D. Georgia

Decided March 4, 1980No. Civ. A. C79-1990APublishedCited by 9 opinions

1Opinion of the Court

ORDER

ORINDA DALE EVANS, District Judge.

This wrongful death action is now before the Court on Defendants' Motion to Compel Election Between Suits, or in the Alternative for Stay of Proceedings, and Defendants’ Motion for Hearing on Defenses pursuant to Rule 12(d), Federal Rules of Civil Procedure.

The present action was filed on October 25, 1979 and a substantially identical action was filed by these Plaintiffs against these Defendants in Dekalb Superior Court on the same day. In both of the above-referenced Motions, Defendants essentially argue that Plaintiffs should be required to elect which…

2Cases cited11 opinions

  1. Landis v. North American Co.Supreme Court of the United States · 1936
  2. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  3. Ppg Industries, Inc. v. Continental Oil CompanyCourt of Appeals for the Fifth Circuit · 1973
  4. Jackson Brewing Company v. Jack D. Clarke, Jr., D/B/A Clarke Distributing CompanyCourt of Appeals for the Fifth Circuit · 1962
  5. Charles Amdur, Isadore Amdur, and Jack Amdur v. Rawson G. Lizars, Malcolm Meyer, Certain-Teed Products CorporationCourt of Appeals for the Fourth Circuit · 1967

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Microsoftware Computer Systems, Inc. v. Ontel CorporationCourt of Appeals for the Seventh Circuit · 1982
  2. Thompson v. KerrDistrict Court, S.D. Ohio · 1982
  3. Voktas, Inc. v. Central Soya Co.Court of Appeals for the Seventh Circuit · 1982
  4. DeVona v. City of Providence Through NapolitanoDistrict Court, D. Rhode Island · 1987
  5. Lops v. LopsCourt of Appeals for the Eleventh Circuit · 1998

4 more not listed; retrieve them via the Exa API.

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