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EVANSTON INS. CO. v. JIMCO, INC.

No. 87-3605.

844 F.2d 1185 (1988)

EVANSTON INSURANCE COMPANY, Plaintiff-Appellant Cross-Appellee, v. JIMCO, INC., et al., Defendants-Appellees, and Chromalloy Natural Resources Co., Defendant-Appellee, the Cajun Company, Duke Transportation, Inc. and Duke Equipment, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

May 17, 1988.

Attorney(s) appearing for the Case

Allen D. Darden, H. Alston Johnson, III, Baton Rouge, for Evanston Ins. Co.

S. Gene Fendler, James A. Brown, New Orleans, La., for Chromalloy Natural Resources Co., et al.

Richard M. Eustis, Charles A. Nunmaker, New Orleans, La., for Peterson Maritime Services, Inc.

Colleen McDaniel, Lafayette, La., for Duke Transp., Inc. and Duke Equipment.

Peter J. Butler, Richard M. Ireland, New Orleans, La., Madison C. Moseley, Metairie, La., for Fairgrounds Corp.

John V. Baus, Jr., Metairie, La., for E.B. Ludwig.

Before RUBIN and POLITZ, Circuit Judges, and LEE, District Judge.

ALVIN B. RUBIN, Circuit Judge:

Invoking diversity jurisdiction, an insurer who had been sued in more than 20 different state court actions filed a declaratory judgment action in federal court, seeking a judgment that its policy did not cover any of the claims asserted. The district court decided that it should abstain because the pendency of the same issues in the various state court actions was an exceptional circumstance warranting refusal to exercise federal jurisdiction...

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