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KAPLAN v. MISSOURI PAC. R. CO.

No. 80-3785.

629 F.2d 337 (1980)

Gustave KAPLAN, Individually and as Curator for the Interdict, Linda Kaplan, Plaintiff-Petitioner, v. MISSOURI PACIFIC RAILROAD COMPANY, et al., Defendants-Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

September 26, 1980.

Attorney(s) appearing for the Case

David W. Robertson, Chris J. Roy, Alexandria, La., for plaintiff-petitioner.

LeDoux R. Provosty, Alexandria, La., for defendants-respondents.

Before BROWN, POLITZ and TATE, Circuit Judges.

PER CURIAM:

Treating the movant's petition for mandamus and extraordinary relief as an application to this court for appeal pursuant to the district court's express permission under 28 U.S.C. § 1292(b), the appeal is GRANTED. With regard to the merits of the appeal: At the time that the defendants' petition for removal was filed in federal district court (12:00 noon, September 23, 1980), a Louisiana resident had been reinstated (at 11:31 a. m.) as a defendant...

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