United States Eighth Circuit

In workers' compensation insurer's suit seeking a declaratory judgment that an individual was not an employee of defendant when he was injured, dismissal for lack of subject matter jurisdiction is vacated where the district court erred by not abstaining under the circumstances, and the case is remanded for consideration of whether it should be dismissed without prejudice or stayed.

Appellate Information

• Decided 09/15/2008
• Published 09/15/2008

Judges

• BENTON, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin Bradley Behrndt, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Rudy L. Veit, argued, Douglas L. Van Camp, on the brief, Jefferson City, MO, for appellee.