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Old January 31st, 2012, 10:51
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It ought to be noted

It ought to be noted the first-to-file rule might not bar all second-in-time cases. Some areas have lately held that, in rare instances in which the first-filed complaint is jurisdiction defective or legally infirm under Rule 9(b), the 2nd-in-time situation won't be barred underneath the first-in-time provisions.
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