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Sprint Communications Company, L.P. v. Elizabeth S. Jacobs; Swati A. Dandekar; Darrell Hanson, In Their

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Submitted: March 13, 2012

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

Sprint Communications Company, L.P. (Sprint) contests the Iowa Utilities Board’s (IUB) order compelling it to pay intrastate access charges to Windstream, an Iowa communications company, for Voice over Internet Protocol (VoIP) calls. Sprint filed a complaint in federal district court seeking declaratory and injunctive relief. The same day, Sprint also filed a petition for review in Iowa state court, asserting, among other claims, that the IUB’s order was preempted under federal law. The federal district court abstained pursuant to Younger v. Harris, 401 U.S. 37 (1971), and dismissed the action. Sprint appeals, arguing that abstention is inappropriate in this case, and that even if appropriate, the district court should have stayed the case rather than dismissing it. We affirm the district court’s decision to abstain, but we vacate the judgment of dismissal and remand the case with instruction to stay the proceedings.

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