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CORNWELL v. FERGUSON

No. 75-2311.

545 F.2d 1022 (1977)

George W. CORNWELL, Plaintiff-Appellant, v. Chester H. FERGUSON and D. Burke Kibler, III, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 24, 1977.

Attorney(s) appearing for the Case

Michael L. Bryant, Gainesville, Fla., for plaintiff-appellant.

John D. Carlson, Charles E. Miner, Jr., Tallahassee, Fla., James S. Quincey, Gainesville, Fla., for defendants-appellees.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 24, 1977.

FAY, Circuit Judge:

The questions before us are whether the district court properly abstained and stayed the action in federal court pending the disposition of a previously filed similar state court action and whether the state court's decision then constituted res judicata to warrant the federal court's granting the defendant's Motion for Summary Judgment. We find abstention and res judicata...

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