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HARTFORD ACCIDENT & INDEM. CO. v. COSTA LINES CARGO SERV.

Nos. 89-3020, 89-3293.

903 F.2d 352 (1990)

HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff-Appellant, v. COSTA LINES CARGO SERVICES, INC., et al., Defendants, Evergreen Marine Corporation (New York) Ltd., Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 31, 1990.

Attorney(s) appearing for the Case

Gerard J. Sonnier, Lance S. Ostendorf, Michael J. Maginnis, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for plaintiff-appellant.

Robert B. Deane, Thomas D. Forbes, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for Costa Lines Cargo Services, Inc.

Allen J. Krouse, III, Miles P. Clements, Lemle & Kelleher, New Orleans, La., for Evergreen.

D. Russell Holwadel, Robert M. Johnston, Adams & Johnston, New Orleans, La., for No Private Patrol.

Before REAVLEY and KING, Circuit Judges, and LAKE, District Judge.

KING, Circuit Judge:

Hartford Accident and Indemnity Company filed an action in state court which we construe as a Burnside claim under Federal Marine Terminals, Inc. v. Burnside Shipping, Co., Ltd., 394 U.S. 404, 89 S.Ct. 1144, 22 L.Ed.2d 371 (1969). The action was later removed to federal court and summary judgment was granted to the defendants. We conclude that complete diversity exists, that an objection to removal...

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