CLARK v. ELLENBOGEN

Civ. A. No. 70-185.

319 F.Supp. 623 (1970)

Alvin CLARK, Plaintiff, v. Henry ELLENBOGEN, Michael R. Stabile and Ralph E. Ord, Jury Commissioners of Allegheny County, Pennsylvania, Defendants.

United States District Court, W. D. Pennsylvania.

September 23, 1970.


Attorney(s) appearing for the Case

Allen N. Brunwasser, Pittsburgh, Pa., for plaintiff.

Robert W. Duggan, Dist. Atty. of Allegheny County, Maurice Louik, County Sol., Francis A. Barry, Deputy County Sol., Glenn C. Jones, Asst. County Sol., Pittsburgh, Pa., for defendants.

Before ALDISERT, Circuit Judge, and DUMBAULD and WEBER, District Judges.


OPINION

DUMBAULD, District Judge.

Before reaching the merits of the case at bar, we must consider defendants' motion that this Court should "abstain" from decision of the instant case until the courts of Pennsylvania dispose of the pending criminal proceedings against plaintiff.

We are understandably reluctant to rest our decision upon the shifting sands of the doctrine of "abstention" if other alternatives are available. To wander in the domain...

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