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United States Ninth Circuit


Suxton v. NDEX West, LLC, 11-17432

In an action alleging wrongful foreclosure and related claims that defendants removed to federal court, summary judgment for defendants is affirmed, where the district court did not have to remand the action sua sponte to state court as claimed by plaintiffs because: 1) the doctrine of prior exclusive jurisdiction is inapplicable because the state court did not retain jurisdiction over plaintiffs' property; and 2) the Colorado River abstention doctrine is not implicated because plaintiffs have not shown that any state proceeding relating to their house is pending concurrently with federal proceedings.

Appellate Information

  • Decided 04/12/2013
  • Published 04/12/2013

Judges

  • IKUTA

Court

  • United States Ninth Circuit

Counsel

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