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United States Ninth Circuit


Montana v. BNSF Rwy. Co., 08-35667

In defendant's appeal from the denial of its motion in federal court to enjoin a Montana state court action alleging contamination of private property and seeking, among other remedies, "investigation and restoration of real property," the district court's denial of defendant's motion to enjoin the state action is affirmed where no exception to the Anti-Injunction Act, 28 U.S.C. section 2283, applied to a Montana state court proceeding stemming from facts related to an earlier federal proceeding, but involving distinct parties and claims.

Appellate Information

  • Decided 11/01/2010
  • Published 11/01/2010

Judges

  • Harry Pregerson

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Katherine M. Haque-Hausrath, John C. Berghoff, Jr.

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