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CITY OF ROSE CITY v. NUTMEG INS. CO.

No. 90-4770 Summary Calendar.

931 F.2d 13 (1991)

CITY OF ROSE CITY, et al., Plaintiffs-Appellants, v. NUTMEG INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

Louis Dugas, Orange, Tex., for plaintiffs-appellants.

Dale Lee Trimble, Stephen P. Pate, Fulbright & Jaworski, Houston, Tex., for defendant-appellee.

Before JOHNSON, SMITH, and WIENER, Circuit Judges.

JOHNSON, Circuit Judge:

Plaintiffs Smith and Smith Materials appeal from the federal district court's refusal to remand this case to the Texas state court where it was filed. For the reasons stated below, this Court will vacate the judgment of the federal district court, and direct the federal district court to remand the case to the Texas state court.

I. FACTS AND PROCEDURAL HISTORY

In December 1988 the plaintiffs Curtis Smith and Smith Materials...

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