MEMORANDUM OPINION AND ORDER
McDONALD, District Judge.
Plaintiff has moved to remand. Plaintiff filed a forcible detainer action against defendants in the Justice Court of Harris County, Texas on March 24, 1981. That court tried the case and rendered a judgment for defendants on April 8, 1981. On April 13, 1981 plaintiff appealed the case pursuant to Rule 749, Texas Rules of Civil Procedure,
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