Legal Opinion

Gray v. Bush

Court of Appeals for the Sixth Circuit

Decided December 29, 2010No. 09-2166PublishedCited by 51 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

This diversity action arises from a dispute over the trust funds for several cemeteries located in the Midwest. The district court dismissed the case on Burford abstention grounds. Because Burford does not provide a basis for surrendering, as opposed to potentially suspending, the jurisdiction Congress has given the federal courts in this instance, we reverse.

I

For many years, the Meyer family of Indiana owned several cemeteries and fu neral homes. When the family decided to leave the business in 2004, it sold its holdings to Ansure Mortuaries of Indiana for…

2Cases cited17 opinions

  1. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  2. Landis v. North American Co.Supreme Court of the United States · 1936
  3. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  4. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  5. Burford v. Sun Oil Co.Supreme Court of the United States · 1943

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3Cited by51 opinions

  1. Goodwin v. County of SummitDistrict Court, N.D. Ohio · 2014
  2. Residents Against Flooding v. Reinvestment Zone Number SeventeenDistrict Court, S.D. Texas · 2017
  3. Dippin' Dots, LLC v. Travelers Property Casualty Co. of AmericaDistrict Court, W.D. Kentucky · 2017
  4. Nancy G. Atkins, Liquidator of Ky. Health Coop., Inc. v. Cgi Techs. & Solutions, Inc.District Court, E.D. Kentucky · 2018
  5. Beam Partners, LLC v. Nancy G. Atkins, Liquidator of Ky. Health Coop., Inc.District Court, E.D. Kentucky · 2018

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