The following excerpt is from Barnes v. Sea Haw. Rafting, LLC, 889 F.3d 517 (9th Cir. 2018):
13 There is an exception to prior exclusive jurisdiction that is inapplicable here: "where the jurisdiction [of the two courts over the res] is not the same or concurrent, and the subject-matter in litigation in the one is not within the cognizance of the other, or there is no constructive possession of the property in dispute by the filing of a bill, it is the date of the actual possession of the receiver that determines the priority of jurisdiction." Harkin v. Brundage , 276 U.S. 36, 43, 48 S.Ct. 268, 72 L.Ed. 457 (1928).
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