Fru-Con Construction Corporation, a Missouri corporation v. Sacramento Municipal Utility District, a municipal utility district

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRU-CON CONSTRUCTION
CORPORATION, a Missouri corporation,
Plaintiff - Appellant,
and
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
Plaintiff,
v.
SACRAMENTO MUNICIPAL UTILITY
DISTRICT, a municipal utility district,
Defendant - Appellee.
No. 09-17078
D.C. No. 2:05-cv-00583-LKK-
GGH
MEMORANDUM*
FRU-CON CONSTRUCTION
CORPORATION, a Missouri corporation,
Plaintiff,
and
TRAVELERS CASUALTY AND
No. 09-17123
D.C. No. 2:05-cv-00583-LKK-
GGH
FILED
AUG 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SURETY COMPANY OF AMERICA,
Plaintiff - Appellant,
v.
SACRAMENTO MUNICIPAL UTILITY
DISTRICT, a municipal utility district,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, Senior District Judge, Presiding
Argued and Submitted July 14, 2010
San Francisco, California
Before: FERNANDEZ, W. FLETCHER and TALLMAN, Circuit Judges.
Plaintiffs-Appellants appeal the district court’s order issuing a stay pursuant
to Colorado River Water Conservation District. v. United States, 424 U.S. 800
(1976). We affirm.
The district court did not abuse its discretion given that a jury verdict had
been reached in the parallel state court proceedings, that the claims arise under
state law, and that the state court proceedings were adequate to protect the interests
of the parties. See Nakash v. Marciano, 882 F.2d 1411, 1413-15 (9th Cir. 1989).

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AFFIRMED.

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