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CLARK v. LACY

No. 03-3891.

376 F.3d 682 (2004)

Marilyn CLARK, on behalf of Sears, Plaintiff-Appellant, v. Alam LACY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 2004.

Attorney(s) appearing for the Case

Bradley R. Matthews (argued), Robbins, Umeda & Fink, San Diego, CA, Patrick Sherlock, Chicago, IL, for Plaintiff-Appellant.

Harold C. Hirshman (argued), Sonnenschein, Nath & Rosenthal, Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and DIANE P. WOOD and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

In this case we are asked to consider how the Colorado River abstention doctrine applies to a derivative shareholder suit brought in federal court that involves the same factual predicate, most of the same defendants, and fundamentally the same legal issues as a derivative shareholder suit brought by a different plaintiff shareholder in New York state court. Pursuant to Colorado River, the...

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