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NYLife DISTRIBUTORS, INC. v. ADHERENCE GROUP, INC.

No. 94-5725.

72 F.3d 371 (1995)

NYLife DISTRIBUTORS, INC. v. The ADHERENCE GROUP, INC.; Joseph Gerasolo; Patrick Bleach; Dennis Schnell; Donald Thomas; Richard Hessen; James Lyons; Elizabeth Gerasolo; Joseph Gerasolo, Elizabeth Gerasolo, and Patrick Bleach, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 21, 1995.

Rehearing Denied February 2, 1996.

Attorney(s) appearing for the Case

William J. Salmond, Alan J. Karcher (argued), Karcher, Salmond, Ronan & Rainone, Edison, NJ, for Appellee.

Christopher J. Carey, Tompkins, McGuire & Wachenfeld, Newark, NJ, Raymond A. Connell (argued), Connell, Losquadro & Zerbo, New York City, for Appellants.

Before: MANSMANN, SCIRICA and ROTH, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this case of first impression, we consider whether the broad discretionary standard set forth in Brillhart v. Excess Ins. Co. of America, 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), or the more narrow "exceptional circumstances" test enunciated in Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S...

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