The appellants challenge the district court's decision to abstain based on the doctrine of Colorado River Water Conservation District v. United States. The only factor weighing in favor of abstention is the greater progress made in the state court case. This, in itself, does not give rise to exceptional circumstances capable of overcoming the strong presumption in favor of retaining jurisdiction. The district court's order is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 11-60503, 11-16-2012.
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Saucier v. Aviva Life and Annuity Co.
5th Cir.
November 20, 2012
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