United States Eighth Circuit
Fru-Con Construction Corp. v. Controlled Air, Inc., 08-1712
District court judgment dismissing plaintiff's breach of contract action is reversed where the court erred in applying the abstention principles of Colorado River and abstaining from deciding the matter as a state court lien foreclosure proceeding and the federal breach of contract action were not parallel proceedings.
Appellate Information
- Decided 07/24/2009
- Published 07/24/2009
Judges
- BEAM, Circuit Judge., Before BYE, BEAM, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- John Roger Edgar, argued, Christopher J. Daus, Sr., and Timothy R. Thornton, on the brief, St. Louis MO, for appellant.
- For Appellees:
- Stephen C. Hiotis, argued, Daniel J. Welsh, and Robert E. Eggmann, on the brief, St. Louis, MO, for appellee.