United States Eighth Circuit

The district court erred in staying a declaratory judgment action for use of a trademark, pending outcome of a state action, where federal law governed the primary claims in the declaratory judgment action, and only state law issues were raised in the state court action.

Appellate Information

• Decided 07/11/2002
• Published 07/11/2002

Judges

• HANSEN, Circuit Judge., Before:  HANSEN, Chief Judge, BEAM and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jordan Cherrick, argued, St. Louis, MO (Jeffrey R. Fink, St. Louis, MO, Roberta L. Horton, Rebecca Nassab, Washington, DC and Leonard C. Suchyta, New York City, on the brief), for appellants.


• For Appellees:
  
• Jeffrey J. Lowe, argued, St. Louis, MO, (Francis J. Flynn, Jr., on the brief), for appellee.