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SAUCIER v. AVIVA LIFE AND ANNUITY CO.

No. 11-60503.

701 F.3d 458 (2012)

Benny Ray SAUCIER, Plaintiff-Counter Defendant-Appellee, v. AVIVA LIFE AND ANNUITY COMPANY, Defendant-Counter Claimant-Appellee, v. RSL Funding, L.L.C.; RSL-5B-IL, Limited, Counter Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 16, 2012.

Attorney(s) appearing for the Case

Tamekia Rochelle Goliday , Goliday Law Firm, Jackson, MS, Shantrell H. Nicks , Gulfport, MS, for Plaintiff-Counter Defendant-Appellee.

William Frederick Ray , Watkins & Eager, P.L.L.C., Jackson, MS, for Defendant-Counter Claimant-Appellee.

Edward John Gorman , Feldman Law Firm, Houston, TX, Kenneth Stephen Womack , Anderson, Crawley & Burke, P.L.L.C., Ridgeland, MS, for Counter Defendants-Appellants.

Before STEWART, Chief Judge, and DeMOSS and GRAVES, Circuit Judges.

GRAVES, Circuit Judge:

Counter Defendants-Appellants RSL Funding, L.L.C. and RSL-5B-IL Limited (collectively "RSL") appeal the district court's decision to abstain based on the doctrine of Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and to remand this case to the state court. For the following reasons, we REVERSE the decision of the district court and REMAND...

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