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REMUS JOINT VENTURE v. McANALLY

Nos. 95-2286, 95-2346, 95-2389 and 95-2390.

116 F.3d 180 (1997)

REMUS JOINT VENTURE and Environmental Disposal Systems, Inc., Plaintiffs-Appellants (95-2286/95-2389), Cross-Appellees, v. Beverly McANALLY, William Wadsworth, Randolph Gear, Mary Ann Banks, and David Paul, Defendants-Appellees, Cross-Appellants (95-2346/95-2390).

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Lawrence R. Ternan (argued and briefed), Nicole D. Bogard (briefed), Beier & Howlett, Bloomfield Hills, MI, for Plaintiffs-Appellants Cross-Appellees.

Marcia L. Howe (argued and briefed), Michael E. Rosati, Carol A. Rosati (briefed), Johnson, Rosati, Galica, Shifman, LaBarge, Aseltyne, Sugameli & Field, Farmington Hills, MI, Barry A. Seifman, Berry, Francis, Seifman, Dearborn, MI, for Defendants-Appellees Cross-Appellants.

Before: WELLFORD, MOORE and COLE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which COLE, J., joined. WELLFORD, J. (pp. 186-87), delivered a separate concurring opinion.

OPINION

MOORE, Circuit Judge.

This case presents us with an unusual situation in which the district court dismissed this action based on, among other things, abstention, and now no party is asking us to reverse the abstention ruling. Because we find no case or controversy before us, we dismiss this appeal....

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