ROTH v. BANK OF THE COMMONWEALTH

No. 77-1539.

583 F.2d 527 (1978)

Lawrence ROTH et al., Plaintiffs-Appellees, v. BANK OF THE COMMONWEALTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1978.


Attorney(s) appearing for the Case

Sheldon S. Toll, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for defendant-appellant.

Russell J. Martin, Berkey, Erickson, Rentrop & Martin, Bloomfield Hills, Mich., for plaintiffs-appellees.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.


ENGEL, Circuit Judge.

The principal and, we hold, controlling issue in this appeal is whether the Anti-Injunction Act, 28 U.S.C. § 2283 (1976), prevents a federal district court from enjoining the prosecution by the federal court defendant of in personam state actions where those actions were commenced after the institution of the federal suit but before the preliminary injunction was issued and where it is held that none of the three express exceptions...

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