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FRU-CON CONST. CORP. v. CONTROLLED AIR, INC.

No. 08-1712.

574 F.3d 527 (2009)

FRU-CON CONSTRUCTION CORPORATION; Austin Maintenance & Construction, Inc., a Delaware Corporation, doing business as Fru-Con/Austin, JV, Appellants, v. CONTROLLED AIR, INC., a Kansas Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2009.

Attorney(s) appearing for the Case

John Roger Edgar, argued, Christopher J. Daus, Sr., and Timothy R. Thornton, on the brief, St. Louis MO, for appellant.

Stephen C. Hiotis, argued, Daniel J. Welsh, and Robert E. Eggmann, on the brief, St. Louis, MO, for appellee.

Before BYE, BEAM, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Fru-Con Construction Corporation and Austin Maintenance and Construction, Inc. (the Joint Venture) appeal the district court's application of Colorado River1 abstention to dismiss the Joint Venture's breach of contract action against Controlled Air, Inc. We reverse.

I. BACKGROUND

Nordic Biofuels of Ravenna, L.L.C., hired the Joint Venture through a real estate improvement contract as defined...

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