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Klein v. Burke Construction Co., 260 U.S. 226 (1922)

Klein v. Burke Construction Company

No. 81

Argued October 19, 20, 1922

Decided November 20, 1922

260 U.S. 226


1. Where a federal court has first acquired jurisdiction of the subject matter of a cause, it may enjoin the parties from proceeding in a state court of concurrent jurisdiction where the effect would be to defeat or impair the jurisdiction of the federal court. P. 260 U. S. 229.

2. But where the actions in both causes are in personam, seeking only money judgments, jurisdiction in the one is not affected by the other, and there is no basis for such an injunction. P. 260 U. S. 230.

3. The right of a citizen to prosecute his cause against a citizen of another state in the federal court is not a right granted by the Constitution, and it affords no ground upon which that court may assume jurisdiction to enjoin the defendant from prosecuting a counter-action on the same contract in a state court. P. 233.

271 F. 605 reversed.

Certiorari to a decree of the circuit court of appeals reversing a decree of the district court which denied an

Page 260 U. S. 227

injunction in a dependent suit brought by the present respondent to restrain the petitioners from prosecuting a suit in a state court.

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