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BARANCIK v. INVESTORS FUNDING CORP. OF NEW YORK

No. 73-1302.

489 F.2d 933 (1973)

Richard M. BARANCIK et al., Plaintiffs-Appellees, v. INVESTORS FUNDING CORPORATION OF NEW YORK, a New York corporation, and Invesco Holding Corporation, a New York corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1973.

Attorney(s) appearing for the Case

Granvil I. Specks, Chicago, Ill., Raymond Shack, New York City, for defendants-appellants.

Jerome H. Torshen, Chicago, Ill., for plaintiffs-appellees.

Before PELL and STEVENS, Circuit Judges, and CHRISTENSEN, Senior District Judge.

STEVENS, Circuit Judge.

The question presented by this appeal is whether the anti-injunction statute, 28 U.S.C. § 2283,1 prohibits a federal court from staying proceedings in a state court which were not commenced until after a motion to enjoin the institution of such proceedings was filed. We hold that § 2283 does not apply.

I.

To understand the issue on appeal we need only briefly describe the basic transaction...

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