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GANNON v. PAYNE

No. C-4521.

706 S.W.2d 304 (1986)

Fred G. GANNON, Petitioner, v. Robert B. PAYNE, Respondent.

Supreme Court of Texas.

March 12, 1986.

Attorney(s) appearing for the Case

Gerard B. Rickey, Pace, Chandler & Rickey, Marvin S. Sloman, Carrington, Coleman, Sloman & Blumenthal, Marc W. Joseph, Carrington, Coleman, Sloman & Blumenthal, Dallas, for petitioner.

Erich F. Klein, Jr., Lyne & Klein, Ron Edmondson, Lyne & Klein, Luke Madole, Bird & Reneker, Dallas, for respondent.

KILGARLIN, Justice.

At issue is whether a party to a pending Texas lawsuit may be enjoined from taking any action in a lawsuit he subsequently filed in a foreign jurisdiction in which some of the same parties and same issues are involved. The trial court granted Robert B. Payne a temporary injunction prohibiting Fred G. Gannon from pursuing a suit in the Court of Queen's Bench, Alberta, Canada. The court of appeals originally held that the trial court had abused its...

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