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EVANS v. DALE

No. 89-1772 Summary Calendar.

896 F.2d 975 (1990)

Kay Rodgers EVANS, Plaintiff-Appellant, v. Troy Lee DALE, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1990.

Attorney(s) appearing for the Case

M.W. Meredith, Jr. and David A. Sibley, Meredith, Donnel & Abernethy, Corpus Christi, Tex., for plaintiff-appellant.

Layne Kruse and Joli E. Boardman, Fulbright & Jaworski, Houston, Tex., and Albon O. Head, Jr., McLean, Sanders, Price, Head & Ellis, Ft. Worth, Tex., for Troy Lee Dale, Jr.

Morris Harrell and Susan L. Karamian, Locke, Purnell, Rain & Harrell, Dallas, Tex., for Bedowitz, Levin and Amre, Inc.

Before CLARK, Chief Judge, and WILLIAMS and DUHE, Circuit Judges.

CLARK, Chief Judge:

I.

Kay Rodgers Evans appeals the dismissal without prejudice of her federal and pendent state claims against her former husband, Troy Lee Dale. The United States District Court for the Northern District of Texas applied the abstention doctrine of Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), in dismissing. We vacate the judgment appealed from and remand the action to...

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