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AGORA SYNDICATE v. ROBINSON JANITORIAL SPECIALISTS

No. 97-60686.

149 F.3d 371 (1998)

AGORA SYNDICATE, INCORPORATED, Plaintiff-Appellant, v. ROBINSON JANITORIAL SPECIALISTS, INCORPORATED, et al., Defendants, Robinson Janitorial Specialists, Incorporated; Troy Dodson, Sole Wrongful Death Beneficiary of Christy E. Massie, Deceased, Estate of Massie, and the Estate of Christy E. Massie, Deceased, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 31, 1998.

Attorney(s) appearing for the Case

Ronald L. Roberts, Berkley Neal Huskison, Mitchell, McNutt, Threadgill, Smith & Sams, Columbus, MS, for Plaintiff-Appellant.

John W. Crowell, Michael Jay Nichols, Gholson, Hicks & Nichols, Columbus, MS, for Defendant-Appellee.

Edward Lloyd Sanders, Jackson, MS, for Troy Dodson.

Hubert James Davidson, Jr., Carter & Davidson, James Armstrong Walters, Jr., Walters & Walters, Columbus, MS, for Estate of Massie.

Before GARWOOD, JONES and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The district court dismissed, sua sponte, this insurance company's declaratory judgment suit1 in deference to the underlying liability case, pending in state court, in which the insurance company was not a party. While it is true that "[i]n the declaratory judgment context, the normal principle that federal courts should adjudicate claims within their jurisdiction yields to considerations of practicality...

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