Legal Opinion
City of Tucson v. U.S. West Communications, Inc.
Court of Appeals for the Ninth Circuit
Decided March 26, 2002No. 00-16416PublishedCited by 10 opinions
1Opinion of the Court
OPINION
TROTT, Circuit Judge.
OVERVIEW
U.S. West Communications, Inc., now Qwest Corporation (“Qwest”), appeals the district court’s Burford abstention order remanding this quo warranto/declaratory judgment action to state court. In response, the City of Tucson (“Tucson”) challenges our jurisdiction to hear Qwest’s appeal. Because we conclude that: (1) the' requirements for Burford abstention are not present, and (2) the Declaratory Judgment Act provides no bases for abstention, we reverse and remand for further proceedings in the district court.
BACKGROUND
Tucson is a municipal corporation and a…
2Cases cited16 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Meredith v. Winter HavenSupreme Court of the United States · 1943
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aaron Abada, on Behalf of Himself and All Others Similarly Situated v. Charles Schwab & Co., Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 2002
- Valley View Health Care, Inc. v. ChapmanDistrict Court, E.D. California · 2014
- Hawthorne Savings F.S.B. v. Reliance Insurance Co. of IllinoisCourt of Appeals for the Ninth Circuit · 2005
- Reliance Insurance v. Doctors' Co.Court of Appeals for the Ninth Circuit · 2005
- Wallis v. MockCourt of Appeals for the Ninth Circuit · 2003
5 more not listed; retrieve them via the Exa API.