ANCICH ET AL.

v.

BORCICH ET AL.

Citator

Cited By (11 total)

• Studebaker Corp. v. Gittlin, 360 F.2d 692 (2d Cir. 1966)
  …as distinguished from the state court, it runs counter to settled doctrine. Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co., 309 U.S. 4, 9, 60 S.Ct. 215, 84 L.Ed. 447 (1940); H. J. Heinz Co. v. Owens, 189 F. 2d 505, 507 (9 Cir.1951), cert. denied, 342 U.S. 905, 72 S.Ct. 294, 96 L.Ed. 677 (1952); Furnish v. Board of Medical Examiners, 257 F. 2d 520, 523 (9 Cir.), cert. denied, 358 U.S. 882, 79 S.Ct. 123, 3 L.Ed.2d 111 (1958). Studebaker’s position before us was rather that the order was not within the pr…
• Chandler v. O'Bryan, 445 F.2d 1045 (10th Cir. 1971)
  …S.Ct. 835, 839, 90 L.Ed. 982 (1946). This policy cannot be avoided by invoking the provisions of the declaratory judgment act in a case which has been remanded to a state court. H. J. Heinz Co. v. Owens, 189 F. 2d 505 (9th Cir. 1951), cert. denied, 342 U.S. 905, 72 S.Ct. 294, 96 L.Ed. 677 (1942). Thus, so far as the question of a forum in which a cause is to be litigated is concerned, the determination of a federal district court that a case is not removable and remanding it to a state court is final. Miss…
• T. Smith & SON, Inc. v. Williams, 275 F.2d 397 (5th Cir. 1960)
  …a desire to avoid direct conflicts between state and federal courts. * * *" The same argument advanced in the instant ease was advanced in H. J. Heinz v. Owens, 9 Cir., 1951, 189 F. 2d 505, rehearing denied, 9 Cir., 191 F. 2d 257, certiorari denied 342 U.S. 905, 72 S.Ct. 294, 96 L.Ed. 677, rehearing denied 342 U.S. 934, 72 S.Ct. 374, 96 L.Ed. 696. That case involved patent rights. The plaintiffs asked for an injunction restraining state court action, contending that the injunction was necessary “in aid of”…