Legal Opinion

In Re Burns & Wilcox, Ltd., as General Agent for Agency Marketing And/or Individually

Court of Appeals for the Eighth Circuit

Decided May 4, 1995No. 94-3499PublishedCited by 27 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Burns & Wilcox, Ltd. seeks a writ of mandamus directing the district court to exercise jurisdiction over a state court action which Burns & Wilcox removed to federal court. We find that the district court’s decision to remand the action to state court on abstention grounds was incorrect. Accordingly, we grant the writ.

I. BACKGROUND

In 1984, Gary Banick, an insurance agent, agreed to sell an insurance policy to Marlene Fearing covering Fearing’s restaurant. When Banick was unable to place the policy with a licensed Minnesota insurer, he contacted a policy broker to obtain…

2Cases cited16 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. Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. In Re Pennsylvania Co.Supreme Court of the United States · 1890

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3Cited by27 opinions

  1. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  2. Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a PartnershipCourt of Appeals for the Eighth Circuit · 1996
  3. Snapper, Inc. v. RedanCourt of Appeals for the Eleventh Circuit · 1999
  4. Fru-Con Construction Corp. v. Controlled Air, Inc.Court of Appeals for the Eighth Circuit · 2009
  5. Village of DePue, Ill. v. Exxon Mobil Corp.Court of Appeals for the Seventh Circuit · 2008

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

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