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GETTY OIL, DIV. OF TEXACO v. INS. CO. OF NORTH AM.

No. 87-2074.

841 F.2d 1254 (1988)

GETTY OIL CORPORATION, Succeeded by and a DIVISION OF TEXACO, INC., Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 1988.

Attorney(s) appearing for the Case

Otto D. Hewitt, III, Ervin A. Apffel, Jr., Kenneth J. Bower, McLeod, Alexander, Powel & Apffel, Galveston, Tex., E. D. Vickery, Houston, Tex., for Getty Oil.

Byron Lee, Coats, Yale, Holm & Lee, Houston, Tex., for Insurance Co. of North America.

Tom Lorance, William K. Luyties, Lorance & Thompson, Houston, Tex., for Companies Collective.

John C. Allen, Houston, Tex., for N.L. Industries.

Before THORNBERRY, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant "Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc." (Getty), brought this action against defendants-appellees Insurance Company of North America (INA), Companies Collective, and NL Industries, Inc. (NL) in a Texas court. INA, joined by Companies Collective and subsequently by NL, filed a petition for removal pursuant to 28 U.S.C. §§ 1441(b) and 1446(a), and the case was removed to the United States...

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