Bernardsville Quarry v. Borough of Bernardsville

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal concerns the propriety of the district court’s dismissal of a complaint filed by Bernardsville Quarry, Inc. (“BQI”). BQI sued the Borough of Bernardsville (the “Borough”) in federal court on May 31, 1988. In response to the Borough’s motion, the district court dismissed BQI’s federal action on August 13, 1990, because BQI had sued the Borough in a separate action based on the same underlying facts in the New Jersey Superior Court and lost. The district court concluded that under Migra v. Warren City School Dish Bd. of Educ., 465 U.S. 75,…