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McLAUGHLIN v. UNITED VIRGINIA BANK

No. 91-1568.

955 F.2d 930 (1992)

Tucker W. McLAUGHLIN, Plaintiff-Appellant, v. UNITED VIRGINIA BANK, Defendant-Appellee, and Miners & Merchants Bank & Trust Company; Grundy National Bank; Crestar Bank, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 1992.

As Amended February 12, 1992.

Attorney(s) appearing for the Case

Wyatt B. Durrette, Jr., Durrette, Irvin, Lemons & Fenderson, P.C., Richmond, Va., argued (Lucy H. Allen, Richmond, Va., Timothy W. Hudson, Slaughter, Hudson & Daugherty, Bristol, Tenn., on brief), for plaintiff-appellant.

Samuel James Thompson, Jr., Caskie & Frost, Lynchburg, Va., argued (Leighton S. Houck, and Joy Lee Price, on brief), for defendant-appellee.

Before HALL and NIEMEYER, Circuit Judges, and HARVEY, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the frequently raised question of when may a federal district court surrender its jurisdiction in deference to a parallel state court proceeding. While the general rule provides that the pendency of a state court action is not a basis to bar similar proceedings in a federal court having jurisdiction and that federal courts must hear cases within their jurisdiction, in extraordinary and exceptional circumstances...

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