United States Sixth Circuit

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Gray v. Bush, 09-2166

In a dispute over the trust funds for several cemeteries located in the Midwest, district court's dismissal of the suit on Burford abstention grounds is reversed and remanded where: 1) the district court had no basis for dismissing the action as, although some of plaintiff's claims involve requests for discretionary relief, others, such as conversion claims and plaintiff's request for money damages, do not; and 2) on its own terms, the order does not justify Burford abstention, no matter what form of relief as diversity suits implicate a federal interest, indeed a constitutional interest, in providing a federal forum for important disputes where state courts might favor, or be perceived as favoring home-state litigants.

Appellate Information

  • Argued 12/07/2010
  • Decided 12/29/2010
  • Published 12/29/2010



  • United States Sixth Circuit