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DOLEAC v. MICHALSON

No. 99-60754.

264 F.3d 470 (2001)

Louis DOLEAC, Deceased, by Lilah Joyce DOLEAC his Widow, as Personal Representative, Plaintiff-Appellee, United States of America, Intervenor, v. Arne MICHALSON, Etc.; et al., Defendants, Arne Michalson, M.D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 2001.

Attorney(s) appearing for the Case

Mark Delaney Lumpkin (argued), Paul S. Minor, James R. Reeves, Jennifer Parkinson Burkes, Minor & Associates, Biloxi, MS, for Plaintiff-Appellee.

Robert Mark Loeb (argued), Scott Ramsey McIntosh, U.S. Dept. of Justice, Civil Div., App. Staff, Washington, DC, for Intervenor.

George F. Bloss, III (argued), Mary Margaret Alexander, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Defendant-Appellant.

Before GARWOOD, HALL and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this appeal, the threshold issue is our jurisdiction vel non to consider the district court's permitting an amendment joining a party, which resulted in both the destruction of diversity of citizenship and the remand of the action to state court. On the one hand, if we have jurisdiction, we must consider whether allowing the amendment was proper. On the other hand, if jurisdiction is lacking, we must consider the...

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