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WEBB v. B.C. ROGERS POULTRY, INC.

No. 98-50527.

174 F.3d 697 (1999)

Jack M. WEBB, Special Deputy Receiver for Employers National Insurance Company in Receivership, Plaintiff-Appellee, v. B.C. ROGERS POULTRY, INC., and B.C. Rogers Processors, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 21, 1999.

Attorney(s) appearing for the Case

Christopher Holton Fuller, Roselyn Paige Arnette, Scott, Douglass & McConnico, Austin, TX, for Plaintiff-Appellee.

Robert D. Allen, Douglas R. Hafer, Baker & McKenzie, Dallas, TX, for Defendants-Appellants.

Before REAVLEY, POLITZ and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

B.C. Rogers Poultry, Inc., and B.C. Rogers Processors, Inc. (collectively, "B.C.Rogers"), appeal a remand to state court ordered pursuant to the Burford abstention doctrine. Concluding that the court acted without the doctrine's strictures as defined by the Supreme Court, we reverse.

I.

The State of Texas brought Employers National Insurance Company ("ENIC"), an insurance company regulated under Texas law, into...

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