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When Paul Gilbertson's surveying license was revoked, he appealed the revocation to the Oregon Court of Appeals and simultaneously filed a suit in federal court seeking money damages from the members of the board for violations of his constitutional rights. Gilbertson's case gave the 9th U.S. Circuit Court of Appeals the opportunity to clarify what it admitted were its "mixed signals" about when and how federal courts should abstain from hearing a case when there is a parallel state proceeding.
September 13, 2004 at 12:00 AM
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The original version of this story was published on National Law Journal
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