Mudd v. Busse

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This cause is now before the court for a reconsideration of defendant Hermann F. Busse’s motion to dismiss this action on the ground that a dismissal is warranted under the doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny. In a previous order entered on August 12, 1975, the court denied the defendant’s motion. 1 Having taken judicial notice of recent decisions in this area of the law, the court directed the parties to submit briefs on the question of whether the doctrine as enunciated by…