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GRAY v. BUSH

No. 09-2166.

628 F.3d 779 (2010)

Lynnette GRAY, Receiver for Memory Gardens Management Corp., et al., Plaintiff-Appellant, v. Craig R. BUSH; Mark Zausmer, as Conservator for Chapel Hill Associates, Inc.; Midwest Memorial Group, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Kenneth T. Brooks , Honigman Miller Schwartz and Cohn LLP, Lansing, Michigan, for Appellant. Lori McAllister , Dykema Gossett PLLC, Lansing, Michigan, for Appellees. ON BRIEF: Kenneth T. Brooks , Richard J. Zecchino , Honigman Miller Schwartz and Cohn LLP, Lansing, Michigan, for Appellant. Lori McAllister , Dykema Gossett PLLC, Lansing, Michigan, Lauren M. London , Dykema Gossett PLLC, Ann Arbor, Michigan, David J. Gass , Joseph J. Gavin , Miller Johnson , Grand Rapids, Michigan, for Appellees.

Before: SUTTON and GRIFFIN, Circuit Judges; BERTELSMAN, District Judge.

OPINION

SUTTON, Circuit Judge.

This diversity action arises from a dispute over the trust funds for several cemeteries located in the Midwest. The district court dismissed the case on Burford abstention grounds. Because Burford does not provide a basis for surrendering, as opposed to potentially suspending, the jurisdiction Congress has given the federal courts in this instance, we reverse.

I.

For many years, the Meyer family...

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