Montana v. BNSF Rwy. Co., No. 08-35667 - U.S. Ninth Circuit
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Montana v. BNSF Rwy. Co., No. 08-35667

Anti-Injunction Act Decision

In Montana v. BNSF Rwy. Co., No. 08-35667, defendant's appeal from the denial of its motion in federal court to enjoin a Montana state court action alleging contamination of private property and seeking, among other remedies, "investigation and restoration of real property," the court affirmed the district court's denial of defendant's motion to enjoin the state action, holding that  no exception to the Anti-Injunction Act, 28 U.S.C. section 2283, applied to a Montana state court proceeding stemming from facts related to an earlier federal proceeding, but involving distinct parties and claims.

  • As the court wrote:  "In this appeal, we consider whether an exception to the Anti-Injunction Act, 28 U.S.C. § 2283, applies to a Montana state court proceeding stemming from facts related to an earlier federal proceeding, but involving distinct parties and claims. We hold that no exception applies, and that an injunction may not issue, and affirm the district court."

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