This section contains the nature of the case and procedural background.

Gulfstream Aerospace Corp. (P) filed a contract action against Mayacamas Corp. (D) in state court. D filed an answer and counterclaim in the state court action. D then filed a similar action in federal court. P moved to stay the federal action. The district court declined, and P appealed. The Ninth Circuit refused to accept jurisdiction over the appeal and dismissed it; neither 1291 or 1292(a)(1) allowed immediate appellate jurisdiction. The Supreme Court accepted review.

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