United States Sixth Circuit

In a case arising from a contractual dispute between small power-producing companies and a Michigan utility over the utility's payments for purchased power from plaintiffs, a judgment declining jurisdiction under the Declaratory Judgment Act is affirmed on the alternative ground of abstention, but the case is remanded for entry of a stay rather than dismissal of the lawsuit until the conclusion of the state proceedings.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• Before MERRITT, SUTTON, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. Waters, Fraser, Trebilcock, Davis & Dunlap, Lansing, Michigan, for Appellants.  Michael A. Nickerson, Office of the Attorney General, Lansing, Michigan, for Appellee.  Michael G. Wilson, Consumers Power Company, Jackson, Michigan, for Intervenor.   ON BRIEF:  Thomas J. Waters, Graham K. Crabtree, Thaddeus E. Morgan, David E.S. Marvin, Fraser, Trebilcock, Davis & Dunlap, Lansing, Michigan, for Appellants.  Michael A. Nickerson, Office of the Attorney General, Lansing, Michigan, for Appellee.  Michael G. Wilson, Consumers Power Company, Jackson, Michigan, for Intervenor.