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.
Read Fru-Con Construction Corp. v. Controlled Air, Inc., No. 08-1712
Appellate InformationAppeals from the United States District Court for the Eastern District of MissouriSubmitted September 26, 2008Decided July 24, 2009
JudgesBefore BYE, BEAM, and SHEPHERD, Circuit Judges.Opinion by BEAM, Circuit Judge.BYE, Circuit Judge, concurring in the result and joining the dissent in part.SHEPHERD, Circuit Judge, dissenting.
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