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AMERICAN SURETY CO. OF NEW YORK v. MARSHALL

No. 386.

29 F.Supp. 946 (1939)

AMERICAN SURETY CO. OF NEW YORK v. MARSHALL et al.

District Court, W. D. Missouri, W. D.

Motion to Modify Order Overruled December 28, 1939.

Attorney(s) appearing for the Case

Winger, Reeder & Barker, of Kansas City, Mo., for plaintiff.

John T. Barker and Frank Brockus, both of Kansas City, Mo., for defendants.

OTIS, District Judge.

The chief question presented is whether this district court has jurisdiction to enjoin the prosecution of certain cases in the state court notwithstanding Section 379 of Title 28, U.S.C. (Sec. 379, Title 28, U.S. C.A.) which provides: "The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings...

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