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· 6/22/1983

Bobby R. Tyler v. David Collins, Norman Quincy Wright v. David Collins

Citations

  • 709 F.2d 1106
  • 1983 U.S. App. LEXIS 26513

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding, after finding Pullman abstention applied, that “the District Court should not dismiss these cases, but should stay the federal proceedings and retain jurisdiction over them”
  • “Abstention is particularly warranted where a state proceeding is pending that challenges the law under the state constitution.”
  • “The meaning of the phrase ‘previously ascertained and declared by law’ is central to this case and has not been authoritatively construed by the state's highest court.”
  • Pullman abstention requires “an unclear state law . . . and the likelihood that a decision on the state constitutional issue would obviate our deciding the federal question”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Krupansky, Taylor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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