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RICHARDS v. FEDERATED DEPT. STORES, INC.

No. 86-1797 Summary Calendar.

812 F.2d 211 (1987)

Ann RICHARDS, Treasurer of the State of Texas, Plaintiff-Cross Defendant-Appellee, v. FEDERATED DEPARTMENT STORES, INC., Defendant, Sanger-Harris, A Division of Federated Department Stores, Inc., Defendant-Cross Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 1987.

Attorney(s) appearing for the Case

Charles J. Sullivan, Sullivan, King & Sabom, Houston, Tex., for defendant-cross plaintiff-appellant.

Jerry L. Benedict and J. Patrick Wiseman, Asst. Attys. Gen., and Jim Mattox, Atty. Gen., Austin, Tex., for plaintiff-cross defendant-appellee.

Before GEE, RUBIN, and JOLLY, Circuit Judges.

PER CURIAM:

This appeal seeks review by us of an order of the trial court remanding this case to state court on the ground that it was removed "improvidently and without jurisdiction," essentially on the ground that appellant did not receive notice of the motion to remand and had no opportunity to oppose it. Assuming that this is true (as it appears to be), it remains that such orders as that of the trial court — orders which recite the magic words that we...

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