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FIEDLER BY FIEDLER v. RELIANCE ELEC. CO.

No. 86-5117.

823 F.2d 269 (1987)

Janet M. FIEDLER, a minor by Raymond L. FIEDLER, her guardian ad litem, and Raymond L. Fiedler, individually, Appellees, v. RELIANCE ELECTRIC COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Duane E. Arndt, Minneapolis, Minn., for appellant.

Peter H. Berge, Minneapolis, Minn., for appellees.

Before McMILLIAN, BOWMAN, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Reliance Electric Company (Reliance), defendant below, appeals from the District Court's dismissal without prejudice of plaintiffs' action pursuant to the "exceptional circumstances" test set forth by the Supreme Court in Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and expanded upon in Moses H. Cone Memorial Hospital v. Mercury Construction...

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