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HOWERY v. ALLSTATE INS. CO.

No. 99-20878.

243 F.3d 912 (2001)

Errol P. HOWERY, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 23, 2001.

Attorney(s) appearing for the Case

James C. Plummer (argued), Gael Mary Catherine Plauche', Houston, TX, for Plaintiff-Appellant.

Joseph F. Nistico, Jr. (argued), M. Micah Kessler, Nistico & Crouch, Houston, TX, for Defendant-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Errol Howery's home burned down. When he demanded payment from his insurer, Allstate Insurance Company, it refused, accusing him of arson. Howery filed suit in Texas state court. After more than two years, as the case was approaching trial, Allstate removed this case to federal court, asserting federal question jurisdiction. The district court denied Howery's motion to remand. After another year of litigation in federal court...

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