NPSA SERVICE CORP. v. INDEPENDENT AMERICAN SAV.

No. 87-1956.

868 F.2d 1415 (1989)

NPSA SERVICE CORPORATION, Plaintiff-Appellant, v. INDEPENDENT AMERICAN SAVINGS ASSOCIATION, FSLA and Charles Marshall, Substitute Trustee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 3, 1989.


Attorney(s) appearing for the Case

Robert H. Renneker, Christopher M. Weil, Dallas, Tex., for plaintiff-appellant.

Larry D. Carlson, Kenneth B. Tomlinson, Dallas, Tex., for amicus curiae FSLIC.

C. Michael Moore, Martin R. Griffin, Dallas, Tex., for intervenor Sunbelt Sav., F.S.B. and appellees.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case reaches us in a unique posture. All parties agree that the case was improvidently removed from state court, and that the federal district court wrongly dismissed the plaintiff's claims. They disagree about whether the case should be remanded to state court, or instead remanded to federal district court to determine whether subsequent factual developments would justify removal. We hold that remand to state court is...

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