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· 1/31/1990

Andrew B. Phillips v. Chas. Schreiner Bank and Schreiner Bancshares

Citations

  • 894 F.2d 127
  • 15 Fed. R. Serv. 3d 1293
  • 1990 U.S. App. LEXIS 1211
  • 1990 WL 6125

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the possibility of inconsistent judgments is insufficient to invoke the ‘aid of jurisdiction’ exception, to justify enjoining concurrent state foreclosure action
  • holding that the Anti-Injunction Act prohibited a federal court from issuing a preliminary injunction that interfered with state court foreclosure proceedings pending at the time of the injunction
  • concluding, after finding no applicable exception to the Anti-Injunction Act, that “the district court cannot enjoin Schreiner Bank’s prosecution of the . . . state foreclosure action”
  • holding “the Anti–Injunction Act, 28 U.S.C. § 2283, precludes any stay of [the pending] state court foreclosure proceedings,” partly because actions such as this one are not in rem proceedings
  • finding appealable an (internal quotation marks omitted), in order to be appealable order granting relief that “[n]either party had moved formally under 28 U.S.C. § 1292(a)(1
  • “Because of the importance of the bond requirement, failure to require the posting of a bond or other security constitutes grounds for reversal of an injunction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duhe, Higginbotham, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.