BRAYTON v. BOSTON SAFE DEPOSIT AND TRUST CO.

Civ. A. No. 96-003-T.

937 F.Supp. 150 (1996)

David A. BRAYTON, Jr., v. BOSTON SAFE DEPOSIT AND TRUST COMPANY.

United States District Court, D. Rhode Island.

August 28, 1996.


Attorney(s) appearing for the Case

Henry M. Swan, Davis, Kilmarx, Swan & Kohlenberg, Providence, RI, for Plaintiff.

Thomas C. Angelone, Kevin M. Cain, Hodosh, Spinella & Angelone, Providence, RI, David S. Rosenthal, John F. Hemenway, Hutchins, Wheeler & Dittmar, Boston, MA, for Defendant.


MEMORANDUM AND ORDER

TORRES, District Judge.

This case is before the Court for consideration of the defendant's motion to dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction on the ground that a prior action involving the same subject matter is pending in the Massachusetts Probate Court.1 For the reasons stated below, the defendant's motion to dismiss is granted.

Facts

David...

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