Levy v. Lewis

I concur in the result reached by Judge Lumbard in his carefully considered opinion. However, I do so solely on the ground that, while federal courts have concurrent jurisdiction over appellant’s only actionable claim, i. e., his allegation that he and members of his class are being denied benefits in breach of CMIC’s employee welfare benefit plan and that this violates his rights under ERISA, 29 U.S.C. §§ 1132(a)(1)(B), 1102(1), 1103(b), 1132(e)(1), we are faced with exceptional circumstances warranting abstention under the doctrine of Colorado River Water Cons. Dist. v. United States, 424…