DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063454P.pdf 01/02/2008 Royal Indemnity v. Apex Oil Company
U.S. Court of Appeals Case No: 06-3454
and No: 06-3461
and No: 06-3469
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Loken, Chief Judge, and
Benton, Circuit Judge]
Civil case - Declaratory Judgments. District court did not err in
determining that the claim in the suit was essentially for a declaratory
judgment, and did not abuse its discretion in determining that it should
abstain from the suit under Wilton v. Seven Falls Co., 515 U.S. 277
(1995) and Brillhart v. Excess Insurance Co. of America, 316 U.S. 491
(1942) in order to allow a parallel state court suit to proceed; however,
the court should have stayed the matter rather than dismissing it, and the
matter is remanded so that the court can enter a stay order.