Legal Opinion

Kay Rodgers Evans v. Troy Lee Dale, Jr.

Court of Appeals for the Fifth Circuit

Decided March 23, 1990No. 89-1772PublishedCited by 13 opinions

1Opinion of the Court

CLARK, Chief Judge:

I

Kay Rodgers Evans appeals the dismissal without prejudice of her federal and pendent state claims against her former husband, Troy Lee Dale. The United States District Court for the Northern District of Texas applied the abstention doctrine of Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), in dismissing. We vacate the judgment appealed from and remand the action to the district court with instructions.

II

On October 10, 1986, a final divorce decree was entered in Texas state court between Evans and Dale. The decree included a property settlement.…

2Cases cited12 opinions

  1. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  2. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  3. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
  4. McNeese v. Board of Education for Community Unit School District 187 CahokiaSupreme Court of the United States · 1963
  5. Tafflin v. LevittSupreme Court of the United States · 1990

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Riley v. SimmonsCourt of Appeals for the Third Circuit · 1995
  2. Cohen v. ReedDistrict Court, E.D. New York · 1994
  3. Dibbs v. GonsalvesDistrict Court, D. Puerto Rico · 1996
  4. In the Matter of Brady, Texas, Municipal Gas Corporation, Debtor. George O. Sanders, George H. O'brien, and Tanbark Oil Company 1978-1, Ltd., Appellants-Cross-Appellees v. City of Brady, Successor-In-Interest, Appellee-Cross-Appellant. In the Matter of Brady, Texas, Municipal Gas Corporation. The City of Brady, Texas, Appellee-Cross-Appellant v. George O. Sanders, Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  5. Sanders v. City of Brady (In re Brady, Texas, Municipal Gas Corp.)Court of Appeals for the Fifth Circuit · 1991

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