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Louisiana Case Form

Louisiana Case Form

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there are several different abstention doctrines under which federal courts abstain from exercising their legitimate jurisdiction over a case one of these doctrines is Thibodaux abstention named for the 1959 case Louisiana Power and Light Company versus city of Thibodaux the city of Thibodaux Louisiana commenced an action in Louisiana state court in which it asserted the power of eminent domain to take property owned by the florida-based Louisiana Power and Light Company the company then removed the action to Federal Court based on diversity of citizenship although an old Louisiana statute appeared to authorize the taking no Louisiana court had ever interpreted the statute indeed the only interpretation available came from the state's attorney general who had reached the opposite conclusion in a case with very similar facts stuck between the language of the relevant statute and the Attorney General's conclusion The District Court stayed the action to give the Louisiana

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