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GRASSI v. CIBA-GEIGY, LTD.

No. 89-2284.

894 F.2d 181 (1990)

Alexander GRASSI, Sr., and Karen S. Grassi, individually and as Next Friends of Alexander Grassi, Jr., Wendi Lu Grassi and Kristen Suzanne Grassi, Minors; and I.R.I. Internacional Limitada, Plaintiffs-Appellants, v. CIBA-GEIGY, LTD., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 16, 1990.

Attorney(s) appearing for the Case

Russell H. McMains, McMains & Constant, Corpus Christi, Tex. and Norton A. Colvin, Jr., Rodriguez, Colvin & Chaney, Brownsville, Tex., for plaintiff-appellant.

Gordon Briscoe, Harlingen, Tex. and Neil E. Norquest, Ewers & Toothaker, McAllen, Tex., for Alexander Grassi, Jr., et al.

Charles C. Murray, Atlas & Hall, McAllen, Tex. and Paul M. Dodyk, and Lisa L. Lang, Cravath, Swaine & Moore, New York City, for defendant-appellee.

Before GEE, JONES and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 16, 1990.

GEE, Circuit Judge:

Today's case presents the issue of whether a federal district court, in denying a plaintiff's motion to remand, may disregard a partial assignment made for the purpose of destroying diversity jurisdiction. Although this issue has been addressed by a number of district courts in this and other circuits, it is one of first impression in our court.

I. FACTS

The Grassi...

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