United States Fifth Circuit

In a suit arising from U.S. Marine Corps attempts to recall plaintiff to active duty in order to answer allegations of improper behavior, given the presence of parallel proceedings in the military courts, the district court should have abstained from considering the case. (Revised opinion)

Appellate Information

• Decided 08/29/2003
• Published 09/04/2003

Judges

• BENAVIDES, Circuit Judge:, Before DAVIS, JONES and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Bennett Wells (argued), Slidell, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Stevens E. Moore (argued) and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Defendants-Appellees.