· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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