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COLONIAL LIFE & ACC. INS. CO. v. MEDLEY

Nos. 08-2332, 08-2379.

572 F.3d 22 (2009)

COLONIAL LIFE & ACCIDENT INSURANCE CO. and UMass Memorial Health Care, Inc., Plaintiffs-Appellees, v. Malcolm S. MEDLEY, Martin S. Ebel, and Sunila Thomas-George, in their official capacities as Commissioners of the Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, and Carolyn Calderon, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General of Massachusetts, was on brief, for appellants Malcolm S. Medley, Martin S. Ebel, Sunila Thomas-George, and Commonwealth of Massachusetts.

Susan Fendell, Mental Health Legal Advisors Committee, for appellant Carolyn Calderon.

Richard C. Van Nostrand, with whom Jessica H. Munyon and Mirick, O'Connell, DeMallie & Lougee, LLP, were on brief, for appellees.

Before TORRUELLA, TASHIMA, and LIPEZ, Circuit Judges.

TASHIMA, Senior Circuit Judge.

We must decide whether the district court erred in issuing a preliminary injunction against proceedings pending before the Massachusetts Commission Against Discrimination ("MCAD") on the ground that federal law preempted state law claims because the district court was required to abstain from deciding the preemption issue under the doctrine of Younger v. Harris, 401 U.S. 37, 45-47, 91 S.Ct. 746...

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