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SOUTHWIND AVIATION, INC. v. BERGEN AVIATION, INC.

No. 93-7640. Summary Calendar.

23 F.3d 948 (1994)

SOUTHWIND AVIATION, INC., Plaintiff-Appellant, v. BERGEN AVIATION, INC., et al., Defendants. Bergen Aviation, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 27, 1994.

Attorney(s) appearing for the Case

David Horton and John Williamson, Brownsville, TX, for plaintiff-appellant.

Tom Fleming and Lisa Powell, Atlas & Hall, McAllen, TX, for defendants.

Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Southwind Aviation, Inc. ("Southwind") sued to collect on a contract and to seek a determination of its rights as a lien-holder and as a possible beneficiary of an insurance policy. Mistakenly characterizing this as a declaratory judgment action, the district court1 concluded that abstention was warranted by the presence of ongoing state litigation involving the same subject matter, issues, and essentially...

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