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AMERITAS VARIABLE LIFE INS. CO. v. ROACH

No. 05-10307 Non-Argument Calendar.

411 F.3d 1328 (2005)

AMERITAS VARIABLE LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Susan L. ROACH, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 13, 2005.

Attorney(s) appearing for the Case

Clement Clay Torbert, III, Richard H. Allen, Capell & Howard, P.C., Montgomery, AL, for Plaintiff-Appellant.

Jennifer Marie Thompson, Richard E. Smith, Deborah Alley Smith, Christian & Small, LLP, Birmingham, AL, for Defendant-Appellee.

Before CARNES, MARCUS and FAY, Circuit Judges.

PER CURIAM:

This is an appeal of a district court's dismissal of a declaratory judgment action in favor of a parallel state court action. It also marks our first opportunity to discuss the circumstances under which a federal district court should decline to exercise its discretion to accept jurisdiction of such a controversy. The district court below found that the declaratory judgment action amounted to unnecessary and inappropriate interference with the parallel...

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