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LIRETTE v. N.L. SPERRY SUN, INC.

No. 86-3373.

810 F.2d 533 (1987)

Norris LIRETTE, Plaintiff-Appellant, v. N.L. SPERRY SUN, INC. and Quarles Drilling Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 2, 1987.

Attorney(s) appearing for the Case

Gayle A. Reynolds, Gretna, La., for Lirette.

Timothy F. Burr, New Orleans, La., for Sperry.

Elizabeth H. Ryan, Wood Brown, Ill., New Orleans, La., for Quales Drilling.

Before CLARK, Chief Judge, GOLDBERG, and GEE, Circuit Judges.

CLARK, Chief Judge:

The principal issue in this case is whether a plaintiff's federal court conduct can waive the provisions of 28 U.S.C. § 1445(a) barring removal of the Jones Act action he filed in state court. Gamble v. Central of Georgia Railway, 486 F.2d 781 (5th Cir.1973), which construes § 1445(a) in strict jurisdictional terms, binds us to hold that it cannot. Since the district court lacked subject matter...

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