FLORIDA EAST COAST PROPERTIES, INC.

v.

METROPOLITAN DADE COUNTY

Citator

Cited By (22 total)

• Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75 (U.S. 1984)
  …nied, 423 U. S. 896 (1975). Some appear to have decided otherwise. See Lombard v. Board of Ed. of City of New York, 502 F. 2d 631 (CA2 1974), cert. denied, 420 U. S. 976 (1975); New Jersey Education Assn. v. Burke, 579 F. 2d 764 (CA3), cert. denied, 439 U. S. 894 (1978). For comment as to federal-state comity considerations, see Currie, Res Judicata: The Neglected Defense, 45 U. Chi. L. Rev. 317 (1978). The author of this opinion was in dissent in Allen. The rationale of that dissent, however, was based la…
• Martori Bros. Distribs. v. Jyrl James-Massengale, 781 F.2d 1349 (9th Cir. 1986)
  ….We also note that a number of circuits have held that Younger abstention is not appropriate when the state is not the plaintiff in the state court action. See, e.g., New Jersey Education Association v. Burke, 579 F. 2d 764 (3d Cir.), cert. denied, 439 U.S. 894, 99 S.Ct. 252, 58 L.Ed.2d 239 (1978); Johnson v. Kelly, 583 F. 2d 1242 (3d Cir.1978); Harris v. Pernsley, 755 F. 2d 338 (3d Cir.1985); Puerto Rico International Airlines v. Silva Recio, 520 F. 2d 1342 (1st Cir.1975); Henry v. First National Bank, 59…
• Portia Williams v. The RED Bank Bd. OF Educ., 662 F.2d 1008 (3d Cir. 1981)
  …583 F. 2d at 1251-52. See also New Jersey Education Association v. Burke, 579 F. 2d 764, 771 (3d Cir.) (refusing to uphold abstention where “the only pending proceeding is a civil action filed by a federal plaintiff in a state court”), cert. denied, 439 U.S. 894, 99 S.Ct. 252, 58 L.Ed.2d 239 (1978). The contrast between a privately initiated suit and one [*1020] begun by an instrumentality of the state, and in which the state is intimately involved from the start, could not be greater. For these reasons,…