CADLE CO. v. WHATABURGER OF ALICE, INC.

No. 98-50368.

174 F.3d 599 (1999)

The CADLE COMPANY, Plaintiff-Appellant, v. WHATABURGER OF ALICE, INC.; M. Louise Andrews; Kathy A. Reese; Herbert E. Pounds, Jr.; George P. Braun; and Joe Alvin Andrews, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1999.


Attorney(s) appearing for the Case

F. Dean Armstrong, Flossmoor, IL, for Plaintiff-Appellant.

S. Mark Murray, San Antonio, TX, for Whataburger of Alice, Inc., M. Louise Andrews, Reese and Joe Alvin Andrews, Jr.

Fred R. Jones, Goode, Casseb & Jones, San Antonio, TX, for Pounds.

Richard Herman Ihfe, Ihfe & Associates, San Antonio, TX, for Braun.

Before KING, Chief Judge, STEWART, Circuit Judge, and LITTLE, District Judge.


LITTLE, District Judge:

The Cadle Company ("Cadle") appeals the district court's decision to dismiss its RICO and state law claims under the "first-to-file" rule. Cadle argues that the district court should have applied the rule only if it first determined that the first-filed court's jurisdiction was proper, and erred by failing to do so in this case. Cadle argues in the alternative that even if the lower court did not err in applying the rule, it should have transferred...

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