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United States Eighth Circuit


Kreditverein der Bank Austria v. Nejezchleba, 06-3004

In an appeal from an order staying proceedings involving foreign banks' efforts to collect on certain loans to appellant, pending a calculation of damages by a foreign court, the appeal is dismissed for lack of jurisdiction where: 1) the order was not immediately appealable under Colorado River and Moses H. Cone; and 2) the stay was not immediately appealable under the collateral order doctrine. Also, since appellant has an adequate alternative means under Minnesota law to obtain relief, his petition for writ of mandamus is denied.

Appellate Information

  • Decided 03/01/2007
  • Published 03/01/2007

Judges

  • RILEY, Circuit Judge., Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Marcy S. Wallace, argued, Cox & Goudy, Minneapolis, MN, for Appellant.

  • For Appellees:
  • Todd Curtis Pearson, argued, Dorsey & Whitney, Minneapolis, MN, for Appellees.
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