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ASSURANCE CO. OF AMERICA v. KIRKLAND

No. 01-60913.

312 F.3d 186 (2002)

ASSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. Bruce KIRKLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 26, 2002.

Attorney(s) appearing for the Case

Edward J. Currie, Jr., Thomas C. Turner, Jr., Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Plaintiff-Appellee.

John H. Downey, Rhoden, Lacey, Downey & Colbert, Flowood, MS, for Defendant-Appellant.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.

EMILIO M. GARZA, Circuit Judge:

Bruce Kirkland ("Kirkland") appeals the district court's grant of summary judgment in favor of plaintiff-appellee Assurance Company of America ("Assurance") in Assurance's action, pursuant to the relitigation exception to the Federal Anti-Injunction Act (the "Act"),1 to enjoin Kirkland from individually pursuing an insurance claim against Assurance in state chancery...

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