Topic: the first suit should have priority, absent the showing of … · Go Syfert
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Topic #27557

4 canonical passages across 2 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Ellicott MacHine Corporation v. Modern Welding Company, Incorporated.

#Case FlagCanonical passage Citers
1 Ellicott MacHine Corporation v. Modern Welding Company, Incorporated Anchor
ca4 · 1974
green “the first suit should have priority, absent the showing of balance of convenience in favor of the second action.” 4
2 Ellicott MacHine Corporation v. Modern Welding Company, Incorporated
ca4 · 1974
green “as a principal of sound judicial administration, the first suit should have priority, absent the showing of balance of convenience in favor of the second action.” 4
3 Carbide & Carbon Chemicals Corp. v. United States Industrial Chemicals, Inc.
ca4 · 1944
green “ordinarily, the court first acquiring jurisdiction of a controversy should be allowed to proceed with it without interference from other courts under suits subsequently instituted.” 4
4 Ellicott MacHine Corporation v. Modern Welding Company, Incorporated
ca4 · 1974
green “balance of convenience in favor of the second action.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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