sdiction. Id.' Because concurrent jurisdiction exists over this federal claim, the six factor analysis as discussed in American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882, 884 (11th Cir. 1990), applies in determining whether the exceptional circumstances exist requiring dismissal of the federal action i

cited by Defendant EPSTEIN do not support a decision by this Court to abstain over what is a purely federal claim. In American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882 (111" Cir. 1990), the District Court dismissed a purely state law claim for equitable subrogation because there had been an earlier c

circumstances exist requiring dismissal of the federal action in favor of the first filed state action. See American Bankers Ins. Co. of Florida v. First State Ins. Co., 891 F.2d 882 (11th Cir. 1990). The exceptional circumstances test is set forth in Moses H. Cone Memorial Hosp. v. Mercury Constr., 460 U.S. 1 (198

cited by Defendant EPSTEIN do not support a decision by this Court to abstain over what is a purely federal claim. In American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882 (11th Cir. 1990), the District Court dismissed a purely state law claim for equitable subrogation because there had been an earlier cl

ledge. Ellis. 409 F. Supp. at 1158 (citing Jackson Co. v. Faulkner. 55 Ala. App. 354. 315 So. 2d 591 (1975)). First Ala. Bank of Montgomery, N.A. v. First State Ins. Co., 899 F.2d 1045, 1059 (11th Cir. 1990). 19 Jim Walter Homes and Jim Short Ford Sales were overruled on other grounds by State Farm Fire and Casualty