Webb v. B.C. Rogers Poultry, Inc.

JERRY E. SMITH, Circuit Judge:

B.C. Rogers Poultry, Inc., and B.C. Rogers Processors, Inc. (collectively, “B.C.Rogers”), appeal a remand to state court ordered pursuant to the Burford abstention doctrine. Concluding that the court acted without the doctrine’s strictures as defined by the Supreme Court, we reverse.

I

The State of Texas brought Employers National Insurance Company (“ENIC”), an insurance company regulated under Texas law, into state court, where it was declared insolvent and placed in receivership. Pursuant to the Texas Insurance Code, the state obtained a permanent injunction and…