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PLAINS GROWERS, FLORISTS' MUTUAL INSURANCE v. ICKES-BRAUN GLASSHOUSES, INC.

No. 72-1578 Summary Calendar.

474 F.2d 250 (1973)

PLAINS GROWERS, INC., By and Through FLORISTS' MUTUAL INSURANCE COMPANY, the real party in interest in this cause, Plaintiff-Appellant, v. ICKES-BRAUN GLASSHOUSES, INC. and Modine Manufacturing Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 9, 1973.

Attorney(s) appearing for the Case

Mickey C. Shyrock, Larry L. Gollaher, Dallas, Tex., for plaintiff-appellant.

L. A. White, R. A. Wilson, Amarillo, Tex., for defendants-appellees.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff's greenhouses were damaged by fire caused by allegedly defective gas-fired heaters. Plains Growers, a Texas corporation, sued the seller, Ickes-Braun Glasshouses, Inc., and the manufacturer, Modine Manufacturing Company, both foreign corporations, in a Texas state court.

Defendants removed the case to federal District Court on diversity grounds. Plaintiff sought remand to the state court on the ground that the cause of action...

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