No. 83-7230.

727 F.2d 1033 (1984)

Linda FOREHAND, Plaintiff-Appellant, v. FIRST ALABAMA BANK OF DOTHAN, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

George E. Trawick, Ariton, Ala., for plaintiff-appellant.

John E. Byrd, Byrd & Carter, Cada M. Carter, Dothan, Ala., for First Alabama Bank of Dothan.

Before GODBOLD, Chief Judge, RONEY and KRAVITCH, Circuit Judges.

GODBOLD, Chief Judge:

This appeal presents the question whether the district court properly dismissed this Sec. 1983 action on grounds of comity and the existence of adequate remedies in pending state litigation. We find that abstention was improper under the circumstances and reverse.

I. Facts

First Alabama Bank filed an action in state court against plaintiff's husband, Troy Forehand. Admittedly through oversight, the bank failed to name Linda...

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