believe it was an abuse of the district court's discretion to abstain, we reverse and remand.BACKGROUND


2
Appellant United Fence and Guardrail Corp., (United Fence) is a New York corporation engaged in the manufacture, sale and installation of guardrails, fences and related highway products.  It frequently bids on construction contracts let by the New York State Department of Transportation (NYDOT).  United Fence brought the instant action on March 23, 1988 pursuant to 42 U.S.C. Sec. 1983 (1982), alleging that New York's affirmative action program--described in some detail below--violates the Fourteenth Amendment's Equal Protection Clause, and that appellees, as officials of the State of New York acting under color of state law, are enforcing an unconstitutional program.  It sought declaratory, injunctive and monetary relief and alleged that, asDecember 1986 the Director of the Transportation Affirmative Action Programs Office of NYDOT, is generally in charge of the DBE certification process and conducts periodic review of firms certified and listed in the state directory as DBEs.  Until December 1986 appellee Howard L. Sheffey held the position of Director that Flowers now occupies, and is now Coordinator of Regional Affairs for NYDOT.  With this brief overview of the parties, the dispute and the district court's holding, we describe the federal precursor to New York's DBE scheme, the New York program itself, and the parallel state court proceeding.

A. NYDOT's Affirmative Action Program

4
As part of the Public Works Employment Act (Public Works Act) of 1977, Congress included a minority business "set-aside" for certain federally-funded state and local public