¶1See, also, 154 Fed. 194, 83 C. C. A. 288.
¶2S. S. Myers, for the motion. .1. Moble Hayes, opposed.
¶3Before UACOMBE, WARD, and NOYES, Circuit Judges.
¶5It is unnecessary to go into any of the points of law which have been raised on this motion. We are not prepared to hold that it was an improper exercise of the discretion of the District Judge to require the plaintiff to terminate his prior state court action, either by (rial or discontinuance, before proceeding to the trial of the second and later one, which he has brought on precisely the same cause of action.