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KELLY INV., INC. v. CONTINENTAL COMMON CORP.

No. 01-31385.

315 F.3d 494 (2002)

KELLY INVESTMENT, INC., Plaintiff-Appellant, v. CONTINENTAL COMMON CORP., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 4, 2003.

Attorney(s) appearing for the Case

Philip K. Jones, Jr. (argued), Michael David Rubenstein, John Andrew Lovett, Liskow & Lewis, New Orleans, LA, for Plaintiff-Appellant.

Harry A. Rosenberg (argued), Kent Andrew Lambert, Phelps Dunbar, New Orleans, LA, James Robert Arnett, II (argued), Sopuch, Nouhan, Higgins, Arnett & Gaubert, Dallas, TX, John A. Sopuch, III, Sopuch, Nouhan, Higgins, Arnett & Gaubert, Chicago, IL, for Defendants-Appellees.

Before JONES, SMITH and SILER, Circuit Judges.

SILER, Circuit Judge:

Kelly Investment, Inc. ("Kelly")appeals the district court's decision to abstain from exercising its jurisdiction and to stay the consolidated actions. The district court erred in finding abstention appropriate under the factors enunciated in Colorado River Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), so we reverse.

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