L.A. DRAPER & SON v. WHEELABRATOR-FRYE

83-133.

454 So.2d 506 (1984)

L.A. DRAPER & SON, INC. v. WHEELABRATOR-FRYE, INC., a Corporation, et al.

Supreme Court of Alabama.

Rehearing Denied August 10, 1984.


Attorney(s) appearing for the Case

Thad G. Long, Joseph B. Mays, Jr., and Jere F. White, Jr. of Bradley, Arant, Rose & White, Birmingham, for appellant.

L. Vastine Stabler, Jr., L. Murray Alley, and Lee E. Bains, Jr. of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellees Wheelabrator-Frye, Inc., and Hessco Industrial Supply Co.

Ralph D. Gaines of Gaines & Cleckler, Talladega, for appellee Fred Z. Hester.


TORBERT, Chief Justice.

The sole issue presented is whether the filing of an appeal in the federal courts of the dismissal of plaintiff's pendant unfair competition claim serves under Code 1975, § 6-5-440, to abate plaintiff's subsequent unfair competition claim and related common law claims brought in state court. The trial court ruled that the state court action was abated. We affirm.

Plaintiff first filed suit in federal court, asserting that defendants...

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