Martori Bros. Distributors, Plaintiffs/appellants/cross-Appellees v. Jyrl James-Massengale, Defendants/appellees/cross-Appellants

ORDER

The opinion filed in this case on January 30, 1986, as amended April 1, 1986, 781 F.2d 1349 , is further amended as follows:

The paragraph beginning with “We have made it clear ...,” 781 F.2d at 1365 , and ending with “... refusing to abstain.12”, at 1356, is deleted and replaced by:

We recognize that the state’s interest in the ALRA is substantial. The Act itself explicitly and eloquently sets forth California’s interest:

Agricultural Labor Relations Act of 1975, Cal.Stats. 1975, Third Extraordinary Session, c. 1 § 1 at 4013.

The ALRA furthers California’s policy of promoting freedom of association, “free from the interference, restraint, or coercion of employers of labor ...” Cal.Lab.Code § 1140.2 (West Supp.1986).

However, we have made it clear that our “unflagging obligation” to exercise federal jurisdiction precludes expansion of the Younger doctrine except in extraordinary circumstances. Miofsky v. Superior Court, 703 F.2d 332 , 338 (9th Cir.1983); see also Mobil Oil Corp. v. City of Long Beach, 772 F.2d 534, 542 (9th Cir.1985); Silberkleit v. Kantrowitz, 713 F.2d 433, 435 (9th Cir.1983). We have previously declined to extend Fowler’s reach to encompass other…