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Actions In Rem and In Personam

The general rule is that pendency of a suit for the same cause of action in a state court is not a ground for abatement to a subsequent action brought by the same plaintiff against the same defendant in a court of the United States.  [Central Iron & Coal Co. v. Massey, 268 F. 300, 302 (5th Cir. Ala. 1920)].  The rule is applicable where one action is a proceeding in rem and the other is in personam.  For example, the rule applies when one action is a proceeding in rem in admiralty and the other a common law action based on the same cause.  However, in Tonnemacher v. Touche Ross & Co., 186 Ariz. 125 (Ariz. Ct. App. 1996), the court held that abatement is limited to two situations: (1) where more than one in personam actions are brought in the same jurisdiction; and (2) where more than one in rem and quasi in rem actions are brought in the same jurisdiction.


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