Civil Procedure Keyed to Cound
Gulfstream Aerospace Corp. v. Mayacamas Corp
The Petitioner sued the Respondent in state court for breach of contract. A month later, the Respondent filed a diversity action against the Petitioner in the Federal District Court for breach of the same contract. The District Court denied the Petitioner’s motion to stay or dismiss the action before it. The Court of Appeals dismissed the Petitioner’s appeal for lack of jurisdiction, holding that neither 28 U.S.C. Section: 1291 nor Section:1292(a)(1) allowed an immediate appeal from the District Court’s order. The Court of Appeals also denied the Petitioner’s notice of appeal as an application for a writ of mandamus under the All Writs Act. The Petitioner asserted that the order in this case, which denied a motion for a stay of the federal-court action pending the resolution of a concurrent state- court proceeding, was appealable under Section: 1292(a)(1) pursuant to the Enelow-Ettelson doctrine.
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