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S & J AUTOMOTIVE, INC. v. PERMAFUSE CORPORATION

No. 21118.

337 F.2d 618 (1964)

S & J AUTOMOTIVE, INC., Appellant, v. The PERMAFUSE CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

October 14, 1964.

Attorney(s) appearing for the Case

Joe L. Orr, Fort Worth, Tex., for appellant.

Sloan B. Blair and Howard Barker, Fort Worth, Tex. (Cantey, Hanger, Gooch, Cravens & Scarborough, Fort Worth, Tex., of counsel), for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

McRAE, District Judge.

The only issue for determination is whether or not the trial court erred in refusing to set aside its order dismissing this action on the ground that a similar action involving the same parties and the same subject matter was previously instituted and pending in a State Court of Texas.

S & J Automotive, Inc. ("S & J") brought suit in the United States District Court for the Northern District of Texas against The Permafuse Corporation...

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