STEWART v. WESTERN HERITAGE INS. CO.

No. 05-60405. Summary Calendar.

438 F.3d 488 (2006)

Susie Pierce STEWART, Plaintiff-Appellee, v. WESTERN HERITAGE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 2006.


Attorney(s) appearing for the Case

William L. Waller, Sr., Waller & Waller, Jackson, MS, for Plaintiff-Appellee.

Justin Lee Matheny, John William Robinson, III, Phelps Dunbar, Jackson, MS, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.


BENAVIDES, Circuit Judge:

The parties ask this Court to determine whether the district court correctly stayed this lawsuit pending the outcome of a related state court proceeding. We hold that the lower court erred, and therefore REVERSE and REMAND.

I. FACTUAL AND PROCEDURAL BACKGROUND

The present case concerns a previous lawsuit in Mississippi state court. The plaintiffs in that suit claimed that Boardwalk Lounge, Inc. was responsible for...

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