Baker v. Bindner

DISSENTING OPINION

I respectfully dissent as, under the circumstances of this case, I cannot read Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965) as compelling the abandonment of the doctrine of abstention. Here, after a full evidentiary hearing (a hearing was not held in Dombrowski) the plaintiffs’ proof has completely failed to establish any of the factual allegations of their complaint and amended complaint upon which they relied for invoking the jurisdiction of this court. They failed to prove a conspiracy by the defendants to “deprive plaintiffs of their…