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GIARDINA v. FONTANA

No. 919, Docket 83-9060.

733 F.2d 1047 (1984)

Diane GIARDINA, Plaintiff-Appellant, v. Adele FONTANA, Individually and as Personal Representative of the Estate of Joseph Fontana, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 1984.

Attorney(s) appearing for the Case

Edward M. Chikofsky, New York City (Russo, Silverman & Vitaliano, New York City, of counsel), for defendant-appellee.

Jeffrey M. Schwartz, New York City (Leonard M. Simon, P.C., New York City, of counsel), for plaintiff-appellant.

Before FEINBERG, Chief Judge, and MANSFIELD and MESKILL, Circuit Judges.

FEINBERG, Chief Judge:

This case requires us to decide whether the district court erred in abstaining from exercising jurisdiction over a claim for relief that is not directly within the probate exception to diversity jurisdiction and does not involve a controlling or unsettled question of state law, but is on the verge of matters before a state probate court. For reasons given below, we find that the district court should...

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