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MIRANTI v. LEE

No. 92-3576.

3 F.3d 925 (1993)

Francis J. MIRANTI, Plaintiff-Appellee, v. Andrew LEE, Defendant, State Farm Mutual Automobile Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 1993.

Attorney(s) appearing for the Case

Matthew J. Ungarino and David I. Bordelon, Metairie, LA, for defendant-appellant.

Roger J. Larue, Jr., Metairie, LA, for plaintiff-appellee.

Before DAVIS and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Defendant appeals an order remanding a case to state court and imposing costs and attorney's fees on the defendant. The appeal of the remand order itself having been previously dismissed, the sole question before us is the propriety of the cost and fee award. For the following reasons, we vacate the order imposing attorney's fees and affirm the order imposing costs.

I.

Following an automobile accident, plaintiff Francis...

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