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ST. PAUL INS. CO. v. TREJO

No. 93-4902.

39 F.3d 585 (1994)

The ST. PAUL INSURANCE COMPANY, Plaintiff-Appellant, v. Estanislado TREJO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 29, 1994.

Attorney(s) appearing for the Case

Cary D. Kirby, Paul Eugene White, Zeleskey, Cornelius, Hallmark, Borgfeld & Roper, Lufkin, TX, for appellant.

L. Brent Farney, Lufkin, TX, for appellee.

Before REAVLEY, GARWOOD and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant St. Paul Insurance Company (St. Paul) appeals the district court's order dismissing its declaratory judgment action. St. Paul contends that the district court erred in dismissing the suit based on both 28 U.S.C. § 1445(c) and federal abstention concerns. We reverse and remand.

Facts and Proceedings Below

In March 1990 defendant-appellee Estanislado Trejo (Trejo) was injured on the job in Texas. Consequently...

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