Legal Opinion

White & Brewer Trucking, Inc. v. Donley

District Court, C.D. Illinois

Decided February 6, 1997No. 95-3224PublishedCited by 11 opinions

1Opinion of the Court

OPINION

RICHARD MILLS, District Judge:

Defendants petition for abstention and cite Burford.

Plaintiff petitions for retention of jurisdiction and cites the Resource Conservation and Recovery Act.

Bottom line: We decline to invoke Burford abstention and retain both the federal and pendent state law claims.

I. FACTS ALLEGED IN THE COMPLAINT

A. Counts I — III

Environmental Site Developers, Inc., (“ESDI”) is a Delaware corporation which does business in Illinois. From 1977 to 1990, its president was Leroy Donley. On or about December 13, 1977, the Illinois Environmental Protection Agency (“IEPA”) issued…

2Cases cited36 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  4. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  5. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996

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

3Cited by11 opinions

  1. Adkins v. VIM Recycling, Inc.Court of Appeals for the Seventh Circuit · 2011
  2. Chico Service Station, Inc. v. Sol Puerto Rico Ltd.Court of Appeals for the First Circuit · 2011
  3. Litgo New Jersey Inc. v. Commissioner New Jersey Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2013
  4. Spillane v. Commonwealth Edison Co.District Court, N.D. Illinois · 2003
  5. Morton College Board of Trustees of Illinois Community College District No. 527 v. Town of CiceroDistrict Court, N.D. Illinois · 1998

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API