FILED

NOT FOR PUBLICATION AUG 19 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FRU-CON CONSTRUCTION No. 09-17078 CORPORATION, a Missouri corporation, D.C. No. 2:05-cv-00583-LKK- Plaintiff - Appellant, GGH

and

MEMORANDUM *

TRAVELERS CASUALTY AND

SURETY COMPANY OF AMERICA,

Plaintiff,

v.

SACRAMENTO MUNICIPAL UTILITY

DISTRICT, a municipal utility district,

Defendant - Appellee.

FRU-CON CONSTRUCTION No. 09-17123 CORPORATION, a Missouri corporation, D.C. No. 2:05-cv-00583-LKK- Plaintiff, GGH

and

TRAVELERS CASUALTY AND

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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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