STATE OF TEX. v. WALKER

No. 97-20106.

142 F.3d 813 (1998)

The STATE OF TEXAS, by and through the BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM and University of Texas Health Science Center at Houston, Plaintiff-Appellant, v. William E. WALKER, M.D., Defendant-Third Party Plaintiff, Appellee-Appellant, Thomas Ollis Hicks, Ellen Clarke Temple; Bernard Rapaport; Thomas Loeffler; Robert James Cruikshank; Zan W. Holmes, Jr.; Martha Ellen Smiley; Lowell H. Lebermann, Jr.; Mario Efrain Ramirez, M.D.; M. David Low, M.D., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 28, 1998.


Attorney(s) appearing for the Case

Lisa M. Nieman, Christopher Norman Johnsen, Austin, TX, for Plaintiff-Appellant.

Anthony P. Griffin, Galveston, TX, for Defendant-Appellee.

William E. Walker, Houston, TX, pro se.

Before DAVIS, JONES and DENNIS, Circuit Judges.


EDITH H. JONES, Circuit Judge:

This case presents a straightforward employment and contract dispute mired in a procedural thicket. Our task is to untangle the thicket, although, unhappily, we cannot finally resolve the merits. We conclude, first, that the case was correctly removed by University President Low, a counterclaim defendant newly-joined on a "separate and independent claim" for purposes of 28 U.S.C. § 1441(c). Second, the court did not err in shielding...

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