FIRST ALABAMA BANK v. PARSONS STEEL, INC.

No. 83-7395.

747 F.2d 1367 (1984)

FIRST ALABAMA BANK OF MONTGOMERY, N.A., and Edward Herbert, Plaintiffs-Appellees, v. PARSONS STEEL, INC., et al., Defendants, A. Pope Gordon, Trustee in Bankruptcy for the Estate of Parsons Steel Industries, Inc., Parsons Steel, Inc., Jim D. Parsons and Melba L. Parsons, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 4, 1984.


Attorney(s) appearing for the Case

James Jerry Wood, Thomas R. DeBray, Montgomery, Ala., for Gordon.

Frank M. Wilson, Montgomery, Ala., for Parsons & Parsons Steel, Inc.

M.R. Nachman, Jr., James A. Byram, Jr., Montgomery, Ala., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, HILL, Circuit Judge, and THORNBERRY, Senior Circuit Judge.


THORNBERRY, Senior Circuit Judge:

Appellants are appealing from a district court order enjoining them from further prosecution of an Alabama circuit court case on the grounds that, under principles of res judicata, the state action should have been barred by a prior federal court judgment. We hold that, in general, the injunction was not an abuse of discretion. We remand the case, however, with instructions that the district court make further fact findings and, if...

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