United States Eighth Circuit

In an action seeking a declaration of the rights and obligations of plaintiff-insurer, other insurance companies and an oil company, under various insurance policies issued to the oil company, a decision abstaining from the lawsuit and dismissing the case is affirmed in part and vacated in part where: 1) the district court correctly determined that the Wilton and Brillhart abstention standard applied because the essence of this lawsuit was one for declaratory judgment; 2) the district court did not abuse its discretion in applying such standard and deciding to abstain; but 3) the dismissal of the case is vacated as a stay of the proceedings should have been ordered.

Appellate Information

• Decided 01/02/2008
• Published 01/02/2008

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dennis M. Dolan, argued, Chicago, IL (Daniel G. Litchfield, Chicago, IL, and John L. McMullin, St. Louis, MO, on the brief), for appellant., John M. Horas, filed a joinder brief, St. Louis, MO, for TIG insurance.


• For Appellees:
  
• Elizabeth A. Bradley, argued, Edwardsville, IL, for appellee.