IN RE WILSON INDUSTRIES, INC.

No. 89-2807.

886 F.2d 93 (1989)

In re WILSON INDUSTRIES, INC., Petitioner.

United States Court of Appeals, Fifth Circuit.

October 3, 1989.


Attorney(s) appearing for the Case

Kenneth C. Engerrand, Brown, Sims, Wise & White, Houston, Tex., for petitioner.

Lynn N. Hughes, Houston, Tex., for respondents.

David W. Holman, Richard LaGarde, Fisher, Gallagher, Perrin & Lewis, Houston, Tex., for David A. Hippler.

Jeffrey H. Marsh, Mattingly & Marsh, Houston, Tex., for Services Equipment and Engineering, Inc.

Robert J. Rose, Sr., Hubert Oxford, III, Benckenstein, Oxford, Radford & Johnson, Beaumont, Tex., for Insurance Co. of North America.

Raymond T. Matthews, Michael Ross Thompson, Tekell, Book, Matthews & Limmer, Houston, Tex., and Robert L. Klawetter, Eastham, Watson, Dale & Forney, Houston, Tex., for Union Oil Co. of California.

Before POLITZ, JONES, and DUHE, Circuit Judges.


EDITH H. JONES, Circuit Judge:

We decline to grant a writ of mandamus, and therefore sanction the remand of a case that had progressed for over 18 months in state court before a newly-joined third-party defendant removed it to federal court. This is not, however, a simple task. The district court's reasoning in ordering remand was deficient. Moreover, in attempting to remove the case, the third-party defendant has undoubtedly ordained further delay and significantly...

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