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IN RE ALLSTATE INS. CO.

No. 93-1179.

8 F.3d 219 (1993)

In re ALLSTATE INSURANCE COMPANY, Petitioner.

United States Court of Appeals, Fifth Circuit.

November 16, 1993.

Attorney(s) appearing for the Case

Dwight C. Hartley, Liles, Hartley & Jensen, L.L.P., Fort Worth, TX, for appellant.

Jay K. Gray, Law Offices of Charles M. Noteboom, P.C., Hurst, TX, for appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This petition for writ of mandamus presents an issue of first impression in the circuit courts, and one we expressly reserved in FDIC v. Loyd, 955 F.2d 316, 321 n. 4 (5th Cir.1992), to wit: whether the federal removal statute, 28 U.S.C. § 1441 et seq., permits a district court to remand a case sua sponte for a "defect in removal procedure" where the remand occurs within the...

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