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YNIQUES v. CABRAL

No. 91-15865.

985 F.2d 1031 (1993)

Gilbert YNIQUES; Angel Diaz; Carl S. Ramos; John Balderama; Tony L. Hernandez, Plaintiffs-Appellants, v. Victor G. CABRAL; Mario G. Obledo, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Henry D. Nunez, Fresno, CA, for plaintiffs-appellants.

Douglas B. Lange and Kenneth L. Moes, Archbald & Spray, Santa Barbara, CA, for defendants-appellees.

Before: WALLACE, Chief Judge, and SCHROEDER and POOLE, Circuit Judges.

POOLE, Circuit Judge:

The district court dismissed plaintiff Gilbert Yniques' lawsuit after defendant Victor Cabral removed the case from state court and Yniques joined Cabral's law partner as a defendant, and subsequently declined to reconsider its order. Yniques argues that 28 U.S.C. § 1447(e) requires a district court to remand a complaint to state court where the plaintiff has joined a non-diverse defendant to the action. We have jurisdiction pursuant to...

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