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POWERS v. SO. CENT. UN. FOOD & COMM. WORKERS UNIONS

No. 82-2319.

719 F.2d 760 (1983)

Kathleen POWERS, etc., et al., Plaintiffs-Appellants Cross-Appellees, v. SOUTH CENTRAL UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS HEALTH & WELFARE TRUST, etc., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1983.

Attorney(s) appearing for the Case

Eliot P. Tucker, Houston, Tex., for plaintiffs-appellants cross-appellees.

Jeffrey P. Clark, Milwaukee, Wis., J.D. Page, Houston, Tex., for defendant-appellee cross-appellant.

Before CLARK, Chief Judge, THORNBERRY and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

The decisive issue presented by this appeal is the propriety of the defendant's removal of this action to federal court from the Texas state court in which it was brought. Upon its removal, the federal district court denied the plaintiff's motion to remand, and granted the defendant's motion to dismiss. The court's dismissal was premised on its finding that the plaintiff's state law causes of action, which consisted of alleged violations of...

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