MONTANA v. BNSF RY. CO.

No. 08-35667.

623 F.3d 1312 (2010)

State of MONTANA, Department of Environmental Quality, Plaintiff-Appellee, City of Livingston; Private Property Owners, Plaintiff in the matter of The City of Livingston v. BNSF RAILWAY COMPANY, et al. Montana Sixth Judicial District Court, Cause No. DV 07-141, Plaintiff-Intervenors-Appellees, v. BNSF Railway Company, Defendant-Appellant, and Glacier Park Company, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2010.


Attorney(s) appearing for the Case

Katherine M. Haque-Hausrath , Helena, MT, for plaintiff-appellee.

Mark M. Kovacich , Great Falls, MT, for intervenors.

John C. Berghoff, Jr. , Chicago, IL, for defendant-appellant.

Before: HARRY PREGERSON, JOHN T. NOONAN and MILAN D. SMITH, JR., Circuit Judges.


OPINION

PREGERSON, Circuit Judge:

In this appeal, we consider whether an exception to the Anti-Injunction Act, 28 U.S.C. § 2283, applies to a Montana state court proceeding stemming from facts related to an earlier federal proceeding, but involving distinct parties and claims. We hold that no exception applies, and that an injunction may not issue, and affirm the district court.

Background

For roughly eighty years, BNSF Railway...

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