Legal Opinion

Evanston Insurance v. Jimco, Inc.

Court of Appeals for the Fifth Circuit

Decided May 17, 1988No. 87-3605PublishedCited by 2 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Invoking diversity jurisdiction, an insurer who had been sued in more than 20 different state court actions filed a declaratory judgment action in federal court, seeking a judgment that its policy did not cover any of the claims asserted. The district court decided that it should abstain because the pendency of the same issues in the various state court actions was an exceptional circumstance warranting refusal to exercise federal jurisdiction. Because we read controlling Supreme Court precedent in Colorado River Water Conservation District v. United States1 and…

2Cases cited20 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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3Cited by2 opinions

  1. Evanston Insurance Company v. Jimco, Inc.Court of Appeals for the Fifth Circuit · 1988
  2. Murphy v. Uncle Bens IncCourt of Appeals for the Fifth Circuit · 1999

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