LA Draper & Son v. WHEELABRATOR-FRYE

The sole issue presented is whether the filing of an appeal in the federal courts of the dismissal of plaintiff's pendant unfair competition claim serves under Code 1975, § 6-5-440, to abate plaintiff's subsequent unfair competition claim and related common law claims brought in state court. The trial court ruled that the state court action was abated. We affirm.

Plaintiff first filed suit in federal court, asserting that defendants conspired to destroy plaintiff's business in violation of federal antitrust law and state unfair competition law. The federal court had jurisdiction of the unfair…