INDIANA LUMBERMENS MUT. v. SPECIALTY WASTE SERV.

No. 90-3281.

774 F.Supp. 525 (1991)

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Plaintiff, v. SPECIALTY WASTE SERVICES, INC., and J & S Asbestos Removal, Inc., Defendants.

United States District Court, C.D. Illinois, Springfield Division.

September 30, 1991.


Attorney(s) appearing for the Case

Jeff Wilday, Springfield, Ill., and T. Scott Leo, McNeela & Griffin, Ltd., Chicago, Ill., for plaintiff.

Thomas J. Immel, Lance T. Jones, Thomas R. Lamont, Springfield, Ill., and Timothy R. Thornton, St. Louis, Mo., for defendants.


OPINION

RICHARD MILLS, District Judge:

"Colorado River Doctrine" and Illinois Code of Civil Procedure § 2-619(a)(3).

Does § 2-619 apply to a federal court hearing a diversity case pursuant to 28 U.S.C. § 1332.

No!

Defendant Specialty Waste Services, Inc.'s motion to dismiss.1

Facts

Indiana Lumbermens Mutual Insurance Company (hereafter, Indiana Lumbermens) was the surety...

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