MAXWELL v. FIRST NAT. BANK OF MONROEVILLE

No. 79-3536.

638 F.2d 32 (1981)

D. M. MAXWELL, Jr., Plaintiff-Appellant, v. The FIRST NATIONAL BANK OF MONROEVILLE, Monroe County Bank, and Joe Watley, as President of the First National Bank of Monroeville, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 26, 1981.


Attorney(s) appearing for the Case

Hand, Arendall, Bedsole, Greaves & Johnston, Kathy M. Dunston and W. Ramsey McKinney, Jr., Mobile, Ala., for plaintiff-appellant.

John D. Johns, William A. Robinson, Larry B. Childs, Birmingham, Ala., for defendants-appellees.

Before MORGAN, FAY and FRANK M. JOHNSON, Jr., Circuit Judges.


FAY, Circuit Judge:

In this appeal we are first required to determine whether the district court properly denied remand to the state court of a case removed under federal question jurisdiction. We hold that the district court erred in not remanding and thus, because the federal courts lack jurisdiction, we do not reach the merits of appellant's claim that the district court erred in holding that Alabama Code § 5-5-17 (1975) does not prohibit a state bank from...

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