Legal Opinion
Kelly Investment, Inc. v. Continental Common Corp.
Court of Appeals for the Fifth Circuit
Decided February 4, 2003No. 01-31385PublishedCited by 52 opinions
1Opinion of the Court
SILER, Circuit Judge:
Kelly Investment, Inc. (“Kelly”)appeals the district court’s decision to abstain from exercising its jurisdiction and to stay the consolidated actions. The district court erred in finding abstention appropriate under the factors enunciated in Colorado River Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), so we reverse.
I. BACKGROUND
This case involves concurrent proceedings in the Eastern District of Louisiana and Texas state court. In April 1999, Continental Common Corp., Continental Poydras Corp., and Continental Baronne Corp.…
2Cases cited8 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Black Sea Investment, Ltd., Plaintiff-Counter v. United Heritage Corporation, Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 2000
- Evanston Insurance Company v. Jimco, Inc.Court of Appeals for the Fifth Circuit · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
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- African Methodist Episcopal v. Willard Lucien, Jr.Court of Appeals for the Fifth Circuit · 2014
- Great American Insurance Company v. GrossCourt of Appeals for the Fourth Circuit · 2006
- Stewart v. Western Heritage InsuranceCourt of Appeals for the Fifth Circuit · 2006
- Aptim Corporation v. Dorsey McCallCourt of Appeals for the Fifth Circuit · 2018
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