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COCKBURN v. HOWARD JOHNSON, INC.

385 S.W.2d 101 (1964)

Grover COCKBURN v. HOWARD JOHNSON, INC., Howard Johnson, Inc. of Florida, Hertz Corporation and Roosevelt Buchanan.

Supreme Court of Tennessee.

December 11, 1964.

Attorney(s) appearing for the Case

Roberts, Weill & Ellis, Chattanooga, Harry Weill, Chattanooga, of counsel, for Grover Cockburn.

Strang, Fletcher, Carriger, & Walker, Chattanooga, Robert Kirk Walker, Chattanooga, of counsel, for Howard Johnson, Inc., Howard Johnson, Inc. of Florida, Hertz Corporation and Roosevelt Buchanan.

DYER, Justice.

There is at issue here the right of a plaintiff, in an action in personam, to file a suit in a Tennessee Court, having jurisdiction, where plaintiff already has pending in a United States District Court located in Tennessee a suit involving the same parties and the same subject matter.

On 18 October 1963 plaintiff, Grover Cockburn, filed suit in the United States District Court for the Eastern District...

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