Cadle Company v. Whataburger of Alice, et al

*Judge, U.S. Court of International Trade, sitting by
designation.
**Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 12, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-40807
In The Matter of : JOE ALVIN ANDREWS, SR.
Debtor
--------------------------
THE CADLE COMPANY
Appellant,
VERSUS
WHATABURGER OF ALICE, INC.; M. LOUISE ANDREWS; KATHY A. REESE;
GEORGE P. BRAUN; HERBERT E. POUNDS, JR.; JOE ALVIN ANDREWS, JR.;
MICHAEL BOUDLOCHE; JOE ALVIN ANDREWS, SR.
Appellees
Appeal from the United States District Court
For the Southern District of Texas, Laredo
L-00-CV-121
Before DAVIS and BENAVIDES, Circuit Judges, and RESTANI*, District
Judge.
PER CURIAM:**
The district court correctly dismissed this suit which was

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transferred to it from the Western District of Texas, San Antonio
Division. The dismissal was proper because the issues presented in
the Western District action substantially overlapped with the first
filed suit in the Southern District of Texas. Cadle identifies no
error in the district court’s application of the rule that the
court in which an action is first filed is the appropriate court to
determine the disposition of the later filed case involving
substantially similar issues.
We also find no merit to Cadle’s jurisdictional argument.
Even if he is correct that this is a non-core proceeding, the
district court stated that if the bankruptcy court had no
jurisdiction to dismiss the second filed suit, it would treat the
bankruptcy court’s order as a recommendation for dismissal and
adopt that recommendation.
AFFIRMED.

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