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052213P.pdf   03/10/2006  Mountain Pure  v.  Turner Holdings
   U.S. Court of Appeals Case No:  05-2213
   Eastern District of Arkansas   
   [PUBLISHED] [Bye, Author, with Heaney and Melloy, Circuit Judges] 
   Civil case - torts. Plaintiff's federal suit does not violate the rule 
   against splitting a cause of action, and res judicata did not bar the claims 
   because no final judgment had been entered in the earlier state court 
   action; even if the doctrine of res judicata applied, the doctrine does not 
   bar a subsequent action where, in the earlier action, a court has made an 
   express reservation of rights as to future litigation by dismissing the claim 
   without prejudice; district court abused its discretion by indicating that if 
   the claims were not barred by res judicata it would abstain from 
   exercising jurisdiction under the Colorado River.