Does the doctrine of abstention apply in the context of a motion to dismiss a motion for contempt of court?
MultiRegion, United States of America
The following excerpt is from United States v. Nogueira, 403 F.2d 816 (9th Cir. 1968):
5 Appellees argue that on the basis of the doctrine of abstention, the court had discretion to refuse to exercise its jurisdiction. The district court should abstain only in narrowly limited "special circumstances." Propper v. Clark, 337 U.S. 472, 492, 69 S.Ct. 1333, 93 L.Ed. 1480 (1949). This is not a proper case for the exercise of the doctrine of abstention. Moreover, the district court's dismissal was based upon a lack of jurisdiction and not upon abstention.
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