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· 4/18/2002

Gannett Company, Incorporated v. The Clark Construction Group, Incorporated

Citations

  • 286 F.3d 737
  • 2002 U.S. App. LEXIS 7150
  • 2002 WL 596379

How courts have described this case

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

  • holding that suits were not parallel where federal action involved breach of contract issue and state lien action involved existence of contract issue
  • holding that where state and federal suits are proceeding at similar paces, this factor weighs against abstention
  • holding that “the district court abused its discretion by determining that the possibility of piecemeal litigation weighs in favor of abstention”
  • holding that when both proceedings had progressed at similar paces, the “progress” factor counsels against abstention
  • noting that abstention is based in part on principles of comity
  • declining to abstain from parallel federal action due to lack of extraordinary circumstances

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, King, Davis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.