BELSER v. ST. PAUL FIRE AND MARINE INS. CO.

No. 91-3902.

965 F.2d 5 (1992)

Robert BELSER, M.D., Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 9, 1992.


Attorney(s) appearing for the Case

Paul H. Due', Due', Smith, Caballero, Price & Guidry, Baton Rouge, La., for plaintiff-appellant.

Arthur H. Andrews, Baton Rouge, La., for Texas Medical Products, et al.

William K. Christovich, Terry Christovich Gay, Christovich & Kearney, New Orleans, La., for Sarns, Inc.

Daniel J. Balhoff, Carey J. Guglielmo, Mathews, Atkinson, Guglielmo Marks & Day, Baton Rouge, La., for Bard.

Ernest P. Gieger, Jr., Keith W. McDaniel, New Orleans, La., for Extracorporeal Med. Specialties, Inc.

William E. Willard, Powers, Vaughn & Clegg, Baton Rouge, La., for Shiley, Inc.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and HUNTER, District Judge.


DUHÉ, Circuit Judge:

We must decide whether the Judicial Improvements and Access to Justice Act2 retroactively invalidates a motion to remand that was valid when filed. We hold that the previously valid motion is not nullified by the subsequent passage of the Act. We therefore reverse the judgment of the district court denying remand, vacate the summary judgments granted by the district court and instruct it to remand this cause to...

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