MCCARTHY, DOING BUSINESS AS HERCULES SUPPLY CO., ET AL.

v.

WYNNE ET AL.

Citator

Cited By

• Humble OIL & Ref. Co. v. Copeland, 398 F.2d 364 (4th Cir. 1968)
  …ote, Local Actions in the Federal Courts, 70 Harv.L.Rev. 708 (1967). . Clarke v. Clarke, 178 U.S. 186, 190, 195, 20 S.Ct. 873, 876, 44 L.Ed. 1028 (1900). . Illustrative of these cases are Purcell v. Summers, 126 F. 2d 390 (4th Cir.), cert. denied, 317 U.S. 640, 63 S.Ct. 32, 87 L.Ed. 516 (1942) [suit challenging validity of church merger]; Title Guaranty & Surety Co. v. State of Missouri ex rel. and to Use of Stormfeltz, 105 F. 2d 496 (8th Cir. 1939) [action against surety on guardianship bond] ; Stewart O…
• OLD Sec. Life Ins. Co. v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago, 740 F.2d 1384 (7th Cir. 1984)
  …263 F.Supp. 181 (M.D.Tenn.1966), that jurisdiction should be exercised in a manner that does not interfere with properties which have been brought within the jurisdiction of another court. Purcell v. Summers, 126 F. 2d 390 (4th Cir.), cert, denied, 317 U.S. 640, 63 S.Ct. 32, 87 L.Ed. 516 (1942). As the Supreme Court has stated: [Wjhile a federal court may not exercise its jurisdiction to effect or disturb the possession of property in the custody of the state court, it may exercise its jurisdiction to adj…
• Telum, Inc. v. E.F. Hutton Credit Corp., 859 F.2d 835 (10th Cir. 1988)
  …trolled by federal law to insure uniformity in exercise required by seventh amendment). Agreements waiving the right to trial by jury are neither illegal nor contrary to public policy. McCarthy v. Wynne, 126 F. 2d 620, 623 (10th Cir.), cert. denied, 317 U.S. 640, 63 S.Ct. 31, 87 L.Ed. 515 (1942); see Leasing Serv. Corp. v. Crane, 804 F. 2d 828, 832 (4th Cir.1986) (right to jury trial, although fundamental, may be knowingly and intentionally waived by contract); K.M.C. Co. v. Irving Trust Co., 757 F. 2d 752,…