MATTER OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

No. 92-2060.

6 F.3d 1184 (1993)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERS.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1993.


Attorney(s) appearing for the Case

Daniel R. Murray, Randall E. Mehrberg, Michael T. Brody (argued), Jerold S. Solovy, Barry Sullivan, and Diane I. Bonina, Jenner & Block, Chicago, IL, for appellant.

Jerome B. Meites, McDermott, Will & Emery, Chicago, IL, Timothy R. Thornton (argued), and Janel E.P. LaBoda, Briggs & Moran, Minneapolis, MN, for appellee.

Leonard Gesas, and James M. Amend, Kirkland & Ellis, Chicago, IL, for debtor.

Before COFFEY and ROVNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ILANA DIAMOND ROVNER, Circuit Judge.

This is another in the long line of appeals relating to the reorganization of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (the "Milwaukee Road"). Today we are presented with the perplexing question of when a federal court should exercise its discretion to abstain in deference to a state proceeding under 28 U.S.C. § 1334(c)(1). Milwaukee Road's successor, CMC Heartland Partners ("CMC"), asked the district...

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