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BETHLEHEM CONTRACTING CO. v. LEHRER/McGOVERN, INC.

No. 1325, Docket 86-7179.

800 F.2d 325 (1986)

BETHLEHEM CONTRACTING COMPANY, a Corporation of the Commonwealth of Pennsylvania, Plaintiff-Appellant, v. LEHRER/McGOVERN, INC., a Corporation of the State of New York, Lehrer/McGovern, Inc., as Agent for Timko Contracting Corporation, a Corporation of the State of New York, and Paul Milstein, Individually, Polito Enterprises, Inc., a Corporation of the State of New York, and Gem Steel Erectors, Inc., a Corporation of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 15, 1986.

Attorney(s) appearing for the Case

William W. Lanigan, New York City (Lanigan, O'Connell & Chazin, New York City, of counsel), for plaintiff-appellant.

Mark E. Klein, New York City (Joseph L. Forstadt, Linda S. Riefberg, Stroock & Stroock & Lavan, New York City, of counsel), for defendants-appellees Timko Contracting Corp. and Paul Milstein.

Before MANSFIELD, CARDAMONE, and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Plaintiff Bethlehem Contracting Company ("Bethlehem") appeals from Judge Bramwell's dismissal of its diversity action. He based this dismissal upon the "exceptional circumstances" doctrine governing the exercise of concurrent federal and state jurisdiction articulated in Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47...

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