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AMERISOURCEBERGEN CORP. v. RODEN

No. 05-55349.

495 F.3d 1143 (2007)

AMERISOURCEBERGEN CORPORATION, Plaintiff-Appellant, v. Donald R. RODEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2007.

Attorney(s) appearing for the Case

Gordon E. Krischer (argued) and Larry A. Walraven (briefed), O'Melveny & Myers, Newport Beach, CA, for the plaintiff-appellant.

William E. Johnson (briefed and argued), Law Offices of Richard E. Hodge, Inc., Malibu, CA, for the defendant-appellee.

Before: WARREN J. FERGUSON, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

Opinion by Judge HAWKINS; Concurrence by Judge FERGUSON.

MICHAEL DALY HAWKINS, Circuit Judge:

We explore once again the sometimes complex relationship between state and federal civil proceedings when parties in the midst of litigation on one side of the divide file factually related proceedings on the other. Understandably concerned with judicial economy and respect for ongoing state proceedings, the district court dismissed the federal suit under the Younger...

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