J. BAXTER BRINKMAN OIL AND GAS CORP. v. THOMAS

No. CA-3-87-1868-T.

682 F.Supp. 898 (1988)

J. BAXTER BRINKMAN OIL AND GAS CORPORATION, Precision Services, Inc., J. Baxter Brinkman, and Mill S. Hall, Plaintiffs, v. Billy Wayne THOMAS, Mara Barbour, ERC Industries, Inc., Goldouble Company, Ltd., and Li Yao Li, Defendants, and Daqing Petroleum Administrative Bureau, Intervenor.

United States District Court, N.D. Texas, Dallas Division.

March 30, 1988.


Attorney(s) appearing for the Case

Charles W. Cunningham, Jeffrey A. Carter, Johnson & Swanson, Dallas, Tex., for plaintiffs.

Martin R. Griffin, Susan L. Karamanian, Locke Purnell Rain, Harrell, Dallas, Tex., John E. O'Neill, Marie Perez, Diana K. Howard, Porter & Clements, Sandra Pace Williams, Houston, Tex., for defendants.


ORDER GRANTING MOTION TO REMAND

MALONEY, District Judge.

On December 7, 1987, Plaintiffs filed their Motion to Remand. On December 29, 1987, Defendants filed their response.

This case presents the novel question of whether a foreign state may intervene as a defendant in a state court proceeding, where there is otherwise no basis for federal jurisdiction, and then remove the case to federal court pursuant to 28 U.S.C. § 1441(d) on the assertion...

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