ARKWRIGHT-BOSTON MFRS. MUT. v. CITY OF NEW YORK

No. 914, Docket 84-9046.

762 F.2d 205 (1985)

ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Protection Mutual Insurance Company and Commercial Union Insurance Company, Plaintiffs-Appellants, v. The CITY OF NEW YORK, the New York City Transit Authority and Consolidated Edison Company of New York, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1985.


Attorney(s) appearing for the Case

James D. Veach, New York City (Lawrence S. Greengrass, Adam B. Rowland, Rein, Mound & Cotton, New York City, of counsel), for plaintiffs-appellants.

Michael McLoughlin, New York City (Leonard Koerner, Philip Agree, Frederick A.O. Schwarz, Jr., New York City, of counsel), for defendants-appellees.

Before CARDAMONE and PIERCE, Circuit Judges, and METZNER, District Judge.


CARDAMONE, Circuit Judge:

In 1976 the Supreme Court crafted a new exceptional-circumstances test for determining — absent any of the three accepted bases for federal-court abstention — whether federal litigation should be stayed out of deference to parallel litigation commenced in state court. Colorado River Water Conservation District v. United States, 424 U.S. 800, 817-20, 96 S.Ct. 1236, 1246-48, 47 L.Ed.2d 483...

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