Legal Opinion
Fru-Con Construction Corp. v. Controlled Air, Inc.
Court of Appeals for the Eighth Circuit
Decided July 24, 2009No. 08-1712PublishedCited by 94 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Fru-Con Construction Corporation and Austin Maintenance and Construction, Inc. (the Joint Venture) appeal the district court’s application of Colorado River1 abstention to dismiss the Joint Venture’s breach of contract action against Controlled Air, Inc. We reverse.
I. BACKGROUND
Nordic Biofuels of Ravenna, L.L.C., hired the Joint Venture through a real estate improvement contract as defined by Nebraska Revised Statute § 52-130 to construct an ethanol production facility in Ravenna, Nebraska. The Joint Venture engaged Controlled Air to construct the grain receiving, storage,…
2Cases cited39 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
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3Cited by94 opinions
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- MPAY Inc. v. Erie Custom ComputerCourt of Appeals for the Eighth Circuit · 2020
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